HKSAR v. MAK WAI MING

HCCC 436/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 436 OF 2013

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HKSAR
v
MAK Wai-ming

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Before: DHCJ Tallentire

Date: 8 July 2014 at 9.52 am

Present: Mr Peter Power, SADPP of the Department of Justice, for HKSAR
Ms Lee Sin Bing, Alice, instructed by CMK Lawyers, assigned by DLA, for the accused

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

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

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COURT: Defendant, you have pleaded guilty to a serious offence of trafficking in dangerous drugs, namely 45.74 grammes of crystallinesolid containing 45.08 grammes of methamphetamine hydrochloride, commonly referred to as “ice”.

As Ms Lee rightly states, this places it within the tariff range of 7 to 10 years. The case of Attorney-General v Ching Kwok Hung [1991] 2 HKLR 125, refers to amounts of 10 to 70 grammes of “ice”.

However, as you realise, and Ms Lee has acknowledged, this is even more serious in that you brought the drugs into Hong Kong fromacross the border.

Briefly what happened is this. At about 5 am on 17 June of last year, police observed coming from the cross border coach terminusto a taxi stand at Lok Ma Chau. You were intercepted and the dangerous drugs referred to in the charge were found in a bag carriedby you. They were wrapped in cling film. Under caution you said, “Sir, I just take it to someone.”

You were then formally arrested and further cautioned and you said, “I just sell it to a male called Hak Chiu at 5,000 bucks. Giveme chance, please.”

The estimated retail value of the dangerous drugs at street level is HK$30,737. In interview, you repeated your admission, confirmingthat you had received the drugs in Shenzhen to take to a male and sell them for $5,000.

You have an undistinguished criminal record, six previous convictions on four occasion, four drug-related and one in 2005, relatedto trafficking in dangerous drugs. You are 35 years of age, educated to form 3 and unemployed. I understand you are addicted to dangerousdrugs. You are a divorced lady with a daughter of about two and a half years.

In sentencing you, I take fully into account the contents of your letter and the mitigation advanced on your behalf by Ms Lee. I notethat this offence was committed out of desperation for money to support your daughter. I note that you were a small player in thisdrug trafficking scheme and that your remuneration was not particularly high.

But especially in your favour is the level of cooperation you extended to the police upon arrest, making formal admissions from theoutset. I accept that you are now remorseful. I have referred to your criminal record.

Taking all matters into account, I take a starting point of 8 years’ imprisonment. Given the International dimension, it will beenhanced by a further 6 months. That makes an overall starting point of 8 and a half years, and to recognise your plea of guilty,from the outset you will receive one-third discount.

You will therefore go to prison for a period of 5 years and 8 months.