HKSAR v. TAN CHIEW KOK

HCCC302/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 302 OF 2009

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HKSAR
v
Tan Chiew Kok (A1)

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Before:

The Honourable Mrs Justice V Bokhary

Date:

17 November 2010 at 3.50 pm

Present:

Mr Jonathan Acton-Bond, counsel-on-fiat, instructed by the Department of Justice, for HKSAR
Mr William Allan, instructed by Messrs Christopher K Y Wong (assigned by DLA), for the 1st 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 for A1 in the above case

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COURT: The accused, I have listened to and considered everything urged on your behalf, particularly but not only the things whichI am about to mention specifically.

You have no previous conviction, and you, not being a local person, would find being imprisoned here even harder than if you werea local person.

I take all these matters into account in your favour. I do not do that by first fixing a starting point and then giving you specificdiscounts for these matters. I do that by taking them into account in your favour when applying the appropriate sentencing guidelines.In applying those guidelines, I also take it into account in your favour that you are not likely to be, and treat you as not being,what is sometimes called a “big fish” in the drug trade.

Even so, your offence is very serious. Further, these drugs have been imported into Hong Kong from across the border, so there isan aggravating factor in this case which calls for enhancement. A very long term of imprisonment is unavoidable because anythingelse would be inconsistent with the court’s duty.

You trafficked in 9,857.09 grammes of the dangerous drugs commonly known as “Ice”.

The sentence guideline for “Ice” provides for a sentence from 18 years’ imprisonment upwards where over 600 grammes of “Ice”were trafficked in. You trafficked in over 16 times more than 600 grammes. But of course the court will bear in mind and thereforeavoid the danger of a mathematical progression causing injustice. At the same time, the court will not forget that the maximum penaltyfor trafficking in dangerous drugs is life imprisonment.

All things considered, I regard a sentence of 25 years’ imprisonment to be appropriate.

You are therefore sentenced to 25 years’ imprisonment.

Please refer to CACC436/2010 for the relevant appeal(s) to the Court of Appeal.

Please refer to CACC436/2010 for the relevant appeal(s) to the Court of Appeal.

Please refer to CACC436/2010 for the relevant appeal(s) to the Court of Appeal.

Please refer to CACC436/2010 for the relevant appeal(s) to the Court of Appeal.

Please refer to CACC436/2010 for the relevant appeal(s) to the Court of Appeal.

Please refer to CACC436/2010 for the relevant appeal(s) to the Court of Appeal.