A HCCC215/2010 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 215 OF 2010
C C
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D HKSAR D
v
E E
Kwong On Tak
F F
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G Before: Hon McMahon J G
Date: 1 September 2010 at 9.47 am
Present: Mr P J Power, SADPP of the Department of Justice, for
H HKSAR H
Mr Patrick Tam, instructed by S H Chan & Co, for the
I
Accused I
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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L COURT: The defendant, a 57-year-old man, pleaded guilty before L
Mr Mierczak at Eastern Magistracy to an offence of
trafficking in 835.16 grammes of ketamine. He has been
M committed to this court pursuant to section 81B of the M
Magistrates Ordinance for sentence.
N N
The facts of the case are that on 23 March of this year,
police on an operation in Shatin noticed the defendant
O behaving suspiciously. An officer approached him and O
searched him. The charged drugs were found in separate bags
strapped to his waist and legs.
P P
The defendant admitted bringing the drugs into Hong Kong
from Dongguan in the mainland through the Lo Wu Checkpoint.
Q Q
The defendant’s Immigration record confirmed he had entered
Hong Kong from the mainland at 11 am that day.
R R
The guidelines in Hii Siew Cheng [2009] 1 HLKRD 1 apply.
Given the quantity of narcotic, I take a starting point of
S sentence of 13 years’ imprisonment. That is enhanced by S
1 year to 14 years’ imprisonment to reflect the trans-border
T
aspect of the offence. The defendant gets full credit for T
his early plea of guilty.
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CRT35/1.9.2010/KS 1 HCCC215/2010/Sentence
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A The enhanced starting point of sentence is thereby reduced A
to a sentence of 9 years 4 months’ imprisonment.
B B
C C
D D
E E
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
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CRT35/1.9.2010/KS 2 HCCC215/2010/Sentence
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