HCCC345/2020 HKSAR v. WU SIU HIN, HENNESSY - LawHero
HCCC345/2020
HKSAR v. WU SIU HIN, HENNESSY
高等法院（刑事）Andrew Chan J26/11/2024[2025] HKCFI 482
HCCC345/2020
A HCCC 345/2020 A
[2025] HKCFI 482
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 345 OF 2020
D ----------------- D
HKSAR
E E
v
F F
Wu Siu-hin, Hennessy
G ----------------- G
Before: Hon Andrew Chan J
H Date: 27 November 2024 at 10.36 am H
Present: Miss Lo Sum-yee Rosa, SPP of the Department of Justice,
I
for HKSAR I
Mr Ng Kin-man Ken, instructed by TANGS Solicitors,
assigned by DLA, for the accused
J Offence: (1) Trafficking in a dangerous drug (販運危險藥物) J
(2) Assaulting a police officer in the due execution of
his duty (襲擊執行職責的警務人員)
K K
(3) Manufacturing a dangerous drug (製造危險藥物)
(4) Trafficking in dangerous drugs (販運危險藥物)
L (5) Possession of a dangerous drug (管有危險藥物) L
M --------------------------------- M
Transcript of the Audio Recording
N
of the Sentence in the above Case N
---------------------------------
O O
COURT: The defendant has pleaded guilty to two counts of
trafficking in a dangerous drug, contrary to section 4 of
P the Dangerous Drugs Ordinance; one count of manufacturing a P
dangerous drug, contrary to section 6 of the Dangerous Drugs
Ordinance; one count of possession of a dangerous drug,
Q contrary to section 8 of the Dangerous Drugs Ordinance; and Q
one count of assaulting a police officer in the due
execution of his duty, contrary to section 36 of the
R R
Offences Against the Person Ordinance. He is committed to
this court for sentence.
S S
In the evening on 11 March 2019, the defendant was
intercepted by police officers outside one apartment in
T Mong Kok. The defendant struggled and put up resistance. T
In the course of the struggle, he bit on the finger of one
police officer, causing the finger to bleed. The struggle
U U
CRT23/27.11.2024/TB 1 HCCC 345/2020(1)/Sentence
V V
A continued. With the aid of another police officer, the A
defendant was finally handcuffed.
B A search of the defendant’s jacket pocket found 64.7 grammes B
of cocaine. Later, police officers broke into the apartment
in question and found 607.36 grammes of cocaine, sodium
C C
bicarbonate, various chemicals and drug paraphernalia, which
were commonly used for cocaine-based manufacturing. Inside
D one of the rooms, police officers also found 0.12 grammes of D
methamphetamine.
E The street value of all the dangerous drugs seized was E
estimated to be over HK$800,000.
F F
The defendant is now 39 and has six criminal records
involving nine offences, three relating to the trafficking
G in a dangerous drug and one relating to resisting a police G
officer. Prior to his arrest, he was an Uber driver.
H Guidelines for sentencing are clear. For Count 1, the H
notional starting point for trafficking in 64.7 grammes of
I
cocaine would be one of 8 years and 3 months, ie, 99 months’ I
imprisonment. Apart from the defendant’s plea, there is no
other mitigation. As such for Count 1, the sentence is set
J at 66 months’ imprisonment. J
For Count 4, the notional starting point would be one of
K 20 years’ imprisonment. In this particular case, the K
defendant was not acting simply as a courier. He was
L effectively running a manufacturing and distribution centre. L
Given that, 2 years will be added. Further, this is also
not the first time the defendant has committed the offence
M of trafficking in a dangerous drug. Given his past criminal M
record, an additional 1 year will be added, thus, making a
total of 23 years’ imprisonment for Count 4.
N N
Apart from his plea, there is no other mitigation. As such,
O the sentence is set at 15 years and 4 months’ imprisonment. O
Insofar as Count 2 is concerned, this is again not the first
P time the defendant has committed such an offence. As a P
result of his resistance and struggle, the officer in
question sustained a laceration to his finger, albeit not
Q Q
very serious. The notional starting point is set at
6 months’ imprisonment. Given the defendant’s plea, he is
R sentenced to 4 months’ imprisonment. R
Insofar as Count 5 is concerned, the notional starting point
S is set at 6 months’ imprisonment, given the small amount S
involved. Given the defendant’s plea, the sentence is set
at 4 months’ imprisonment.
T T
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CRT23/27.11.2024/TB 2 HCCC 345/2020(1)/Sentence
V V
A Insofar as Count 3 is concerned, the criminality of that A
offence has been subsumed into Count 4. The sentence is
also set at 15 years and 4 months’ imprisonment after a
B plea. B
Given the circumstances of the arrest and the seizure of the
C C
dangerous drugs in question, the sentence imposed on
Counts 1, 3 and 4 are ordered to run concurrently.
D D
Insofar as sentences imposed on Count 2 and Count 5 are
concerned, they are ordered to run consecutively to each
E other and also consecutively to the sentences imposed on E
Counts 1, 3 and 4.
F F
In summary, for the five offences the defendant stands
convicted, he is sentenced to 16 years’ imprisonment.
G G
H H
I/we certify that to the best of my/our ability
and skill, the foregoing is a true transcript
of the audio recording of the above proceedings
I I
J J
.........................................
Bruce Jericho Fuellas Torres
K Date: 4 December 2024 K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT23/27.11.2024/TB 3 HCCC 345/2020(1)/Sentence
V V
A HCCC 345/2020 A
[2025] HKCFI 482
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 345 OF 2020
D ----------------- D
HKSAR
E E
v
F F
Wu Siu-hin, Hennessy
G ----------------- G
Before: Hon Andrew Chan J
H Date: 27 November 2024 at 10.36 am H
Present: Miss Lo Sum-yee Rosa, SPP of the Department of Justice,
I
for HKSAR I
Mr Ng Kin-man Ken, instructed by TANGS Solicitors,
assigned by DLA, for the accused
J Offence: (1) Trafficking in a dangerous drug (販運危險藥物) J
(2) Assaulting a police officer in the due execution of
his duty (襲擊執行職責的警務人員)
K K
(3) Manufacturing a dangerous drug (製造危險藥物)
(4) Trafficking in dangerous drugs (販運危險藥物)
L (5) Possession of a dangerous drug (管有危險藥物) L
M --------------------------------- M
Transcript of the Audio Recording
N
of the Sentence in the above Case N
---------------------------------
O O
COURT: The defendant has pleaded guilty to two counts of
trafficking in a dangerous drug, contrary to section 4 of
P the Dangerous Drugs Ordinance; one count of manufacturing a P
dangerous drug, contrary to section 6 of the Dangerous Drugs
Ordinance; one count of possession of a dangerous drug,
Q contrary to section 8 of the Dangerous Drugs Ordinance; and Q
one count of assaulting a police officer in the due
execution of his duty, contrary to section 36 of the
R R
Offences Against the Person Ordinance. He is committed to
this court for sentence.
S S
In the evening on 11 March 2019, the defendant was
intercepted by police officers outside one apartment in
T Mong Kok. The defendant struggled and put up resistance. T
In the course of the struggle, he bit on the finger of one
police officer, causing the finger to bleed. The struggle
U U
CRT23/27.11.2024/TB 1 HCCC 345/2020(1)/Sentence
V V
A continued. With the aid of another police officer, the A
defendant was finally handcuffed.
B A search of the defendant’s jacket pocket found 64.7 grammes B
of cocaine. Later, police officers broke into the apartment
in question and found 607.36 grammes of cocaine, sodium
C C
bicarbonate, various chemicals and drug paraphernalia, which
were commonly used for cocaine-based manufacturing. Inside
D one of the rooms, police officers also found 0.12 grammes of D
methamphetamine.
E The street value of all the dangerous drugs seized was E
estimated to be over HK$800,000.
F F
The defendant is now 39 and has six criminal records
involving nine offences, three relating to the trafficking
G in a dangerous drug and one relating to resisting a police G
officer. Prior to his arrest, he was an Uber driver.
H Guidelines for sentencing are clear. For Count 1, the H
notional starting point for trafficking in 64.7 grammes of
I
cocaine would be one of 8 years and 3 months, ie, 99 months’ I
imprisonment. Apart from the defendant’s plea, there is no
other mitigation. As such for Count 1, the sentence is set
J at 66 months’ imprisonment. J
For Count 4, the notional starting point would be one of
K 20 years’ imprisonment. In this particular case, the K
defendant was not acting simply as a courier. He was
L effectively running a manufacturing and distribution centre. L
Given that, 2 years will be added. Further, this is also
not the first time the defendant has committed the offence
M of trafficking in a dangerous drug. Given his past criminal M
record, an additional 1 year will be added, thus, making a
total of 23 years’ imprisonment for Count 4.
N N
Apart from his plea, there is no other mitigation. As such,
O the sentence is set at 15 years and 4 months’ imprisonment. O
Insofar as Count 2 is concerned, this is again not the first
P time the defendant has committed such an offence. As a P
result of his resistance and struggle, the officer in
question sustained a laceration to his finger, albeit not
Q Q
very serious. The notional starting point is set at
6 months’ imprisonment. Given the defendant’s plea, he is
R sentenced to 4 months’ imprisonment. R
Insofar as Count 5 is concerned, the notional starting point
S is set at 6 months’ imprisonment, given the small amount S
involved. Given the defendant’s plea, the sentence is set
at 4 months’ imprisonment.
T T
U U
CRT23/27.11.2024/TB 2 HCCC 345/2020(1)/Sentence
V V
A Insofar as Count 3 is concerned, the criminality of that A
offence has been subsumed into Count 4. The sentence is
also set at 15 years and 4 months’ imprisonment after a
B plea. B
Given the circumstances of the arrest and the seizure of the
C C
dangerous drugs in question, the sentence imposed on
Counts 1, 3 and 4 are ordered to run concurrently.
D D
Insofar as sentences imposed on Count 2 and Count 5 are
concerned, they are ordered to run consecutively to each
E other and also consecutively to the sentences imposed on E
Counts 1, 3 and 4.
F F
In summary, for the five offences the defendant stands
convicted, he is sentenced to 16 years’ imprisonment.
G G
H H
I/we certify that to the best of my/our ability
and skill, the foregoing is a true transcript
of the audio recording of the above proceedings
I I
J J
.........................................
Bruce Jericho Fuellas Torres
K Date: 4 December 2024 K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT23/27.11.2024/TB 3 HCCC 345/2020(1)/Sentence
V V