HKSAR v. LIU WAI SHING

HCCC266/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 266 OF 2008

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HKSAR
and
LIU WAI-SHING

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Before Hon McMahon J

Date: 4 March 2009 at 10.16 am

Present:

Mr Michael Poll, Counsel on fiat, for HKSAR
Mr Tong Ming W.M., instructed by Godwin Chan & Co., for the Accused

Offence: Trafficking in dangerous drugs (販運危險藥物)

Transcript of the Audio Recording
of the Sentence in the above case

COURT: Stand up, please, Mr Liu.

You have been convicted by a jury after trial of trafficking in 1,465.66 grammes of ketamine.

The facts of the case, which the jury must have accepted, were that you were in possession of these drugs for the purposes of trafficking. You were found to be in possession of the drugs after a chase by police whereby you drove your van at speeds exceeding 100 kms anhour, and eventually crashed it at a roundabout in Kai Leng in Sheung Shui. The drugs were found in the front portion of the van,in two large packets.

I have taken into account what Mr Tong has urged upon me in respect of the starting point of the sentence relating to this case. Firstly, let me say that the old guidelines obviously apply. This offence took place on 29 May 2008, approximately one week beforethe new guidelines in Hii Siew Cheng, CAAR 7/2006 came into being. Accordingly, the guidelines in Lee Tak Kwan (1998) 2HKC371 apply to your case.

I have been provided with some cases by Mr Tong who represents you. I am satisfied the appropriate starting point for sentence isone of 10 years’ imprisonment. There has been no mitigation advanced on your behalf of any substance, nor can there be in casessuch as this.

Accordingly, you are sentenced to 10 years’ imprisonment.