HKSAR v. WONG KAI CHUNG

HCCC 397/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 397 OF 2015

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HKSAR
v
WONG Kai-chung

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Before: Hon M Poon J

Date: 15 July 2016 at 10.11 am

Present: Mr Phil Chau, on fiat, for HKSAR
Mr Leung Chiu Lam Paul, instructed by S H Chan & Co, 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: The defendantpleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

He was stopped by custom officers at the green channel of the customs arrival hall at Lo Wu Border Control Point. His bag was x-rayed,and two ziplock bags containing drugs were found.

Under caution, he admitted that those were “Ice”, and he carried drugs for a person called “Chow Chai”, with a reward of HK$10,000.

Upon analysis, the drugs were found to be 1,970 grammes of a crystalline solid containing 1,948 grammes of methamphetamine.

The defendant has 49 previous convictions, 24 of which were drugs-related. His last conviction was in 2011 for trafficking in dangerousdrugs, he received a sentence of 4 years’ imprisonment. He was last released from prison in October 2013.

By way of mitigation, Mr Leung on his behalf urged that the greatest mitigating factor is his guilty plea to the charge. I am askedto adopt a starting point as low as possible, and give him the full one-third discount for his guilty plea.

In sentencing the defendant, I have considered his guilty plea, mitigation forwarded, and the existing tariff of trafficking in “Ice”.

According to the case of Tam Yi Chun, the sentencing tariff for trafficking “Ice” has been recasted, which is, for the amount of 600 grammes and over, the same tariffare as prescribed in Abdallah for those quantities of heroin, and in Abdallah, trafficking in cocaine or heroin weighing between 1,200 to 4,000 grammes, the tariff is one between 23 and 26 years, and if thereis an international element, there should be an enhancement of at least 2 years for drugs above 1 kilogramme.

The present case involves 1,948 grammes of “Ice”. I adopt a starting point of 23 years and 6 months. With the cross-border factor,that is enhanced to 25 and a half years. He is entitled to the full one-third discount for his guilty plea. He is sentenced to 17years’ imprisonment, 204 months.