HKSAR v. WONG MAN WAH

HCCC 449/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 449 OF 2014

—————–

HKSAR
v
WONG Man-wah

——————

Before: Deputy High Court Judge S D’Almada Remedios

Date: 4 September 2015 at 9.45 am

Present: Mr James McGowan, on fiat, for HKSAR
Mr Paul Leung C L, instructed by Anthony Kwan & Co, for the accused

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

———————————

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

———————————

COURT: Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug contrary to section(4)(1)(a) and (3) of the Dangerous Drugs Ordinance.

You admitted that on 1 June 2014, outside the main entrance of Yiu Man House, Tin Yiu Estate, Tin Shui Wai, you unlawfully traffickedin a dangerous drug, namely 1,706.08 grammes of a powder containing 1,058.36 grammes of ketamine.

On 1 June at that location, at about 8.15 pm, police officers observed you following a male towards the main entrance of Yiu Man Housein a suspicious manner. They then intercepted you. Inside a bag you were carrying, they found seven plastic bags containing partof the drugs in the charge. When you were taken to the police station, they found another four plastic bags inside a cigarette caseinside a sling bag you were carrying. Those drugs form the remainder of the drugs in the charge. The street value was $201,317.

Mr Paul Leung, your counsel, has mitigated on your behalf, and I have taken into account all that he has had to say.

You are 33 years of age and single, though you have two children with your ex-girlfriend, who are six and four years old.

You have 16 previous convictions, seven are related to dangerous drugs, six are for possession of a dangerous drug, one is for smokingand injecting dangerous drugs.

I am informed that at the time of the commission of this offence, you were receiving public assistance, and therefore unemployed.As you were in financial constraints, you committed this offence. You only acted as a courier to deliver these drugs, and despitethe large value at some $200,000, you say you were promised a very small fee of $300 to carry out your task. However, as you werearrested before you were able to deliver these drugs, you were not paid.

The relevant case that lays down the tariff or guidelines for sentencing in trafficking of the drug ketamine is that of the S for J v Hii Siew Cheng [2009] 1 HKLRD 1. The amount of drugs that you had for trafficking was at the upper end, that is, over 1,000 grammes, of which the Court of Appeallaid down a sentence of 14 years and upwards.

In the case of Sin Chung Kin CACC 458/2011, Yeung Acting CJHC gave reasons for the judgment of the court, where large quantities of ketamine were involved.

Having regard to the reasons in the case of Sin Chung Kin and the amount of ketamine in the present case, defendant, had you been convicted after trial, I would have taken a sentence of 14years and 3 months’ imprisonment. Your strongest mitigating factor is your plea of guilty. The discount of one-third shall be accorded,and therefore the resulting sentence to which you shall serve will be 9 years and 6 months’ imprisonment.