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DCCC 1328/2023
C [2024] HKDC 2038 C
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IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1328 OF 2023
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HKSAR
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v
I CHAN CHI HIN I
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K Before: Deputy District Judge M Chow in Court K
Date: 28 November 2024
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Present: Mr Jack Wong, Public Prosecutor, for HKSAR / Director of
M Public Prosecutions M
Mr Lee Sim Summly, instructed by Littlewoods, assigned by
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the Director of Legal Aid, for the Defendant
O Offence: Trafficking in a dangerous drug (販運危險藥物) O
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REASONS FOR SENTENCE
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1. The Defendant is convicted on his own plea for a charge of
C trafficking in a dangerous drug. C
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Summary of facts
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2. The Defendant and his elder brother (PW1) lived in the same
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flat.
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3. At about 5:40 pm on 10 June 2023, PW1 found a blue
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envelope sealed by plastic bag inside their letter box. PW1 put the blue
I envelope into his backpack and went on to work. I
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4. PW1 found it strange when the Defendant called and visited
K his workplace to find out if PW1 had taken the envelope in question. K
Subsequently, PW1 opened the envelope and found the drugs inside.
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M 5. PW1 made a report to the police. M
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6. The Defendant was arrested for an offence of trafficking in a
O dangerous drug. Under caution, he said that:- O
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(a) He met a girl in Lan Kwai Fong and was asked to take
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the blue envelope to put it into the letter box for $1,000.
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(b) The blue envelope would be collected by another
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person and the money would be placed inside the letter
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box for him. T
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(c) He put the envelope into the letter box and provided a
C key to that girl. C
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7. CCTV footage showed at about 6:36 pm on 10. June 2023, a
E male unlocked and searched the letter box, but he did not take anything E
from the letter box. He then left in a haste.
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G 8. The estimated street value of the drugs was HK$26,799.20. G
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Background / Mitigation
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9. The Defendant is 19 years old with a clear record. He
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previously worked as a leaflet distributor for HK$3,000 to HK$4,000 per
K month and he was a part-time cleaner as well. He lives with his parents and K
his older brother.
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M 10. His brother wrote a letter to inform me that the Defendant M
committed the present offense due to financial hardship in his family as
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their father has retired and their mother works as a clearer to support the
O family. The Defendant is now very remorseful; nonetheless, the family will O
provide full support to him to reform.
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Q 11. In the Defendant’s letter to this Court today, the Defendant Q
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said that he realizes what he did was wrong. He does not have negative R
feels towards his brother; otherwise, he may get into deeper trouble in this
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very evil world of drugs. He will move on to get a decent job after his
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release from prison. T
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Sentence
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12. According to the sentencing guidelines of Secretary for
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Justice v Hii Siew Cheng [2009] 1 HKLRD 1 that trafficking in a narcotic
E content of 48.2 g of Ketamine attracts a sentence of 5 years 11 months. E
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13. I notice that the Defendant is now 19 years old. The defence
G accepted that trafficking in dangerous drugs is an excepted offense and G
I am not obliged to call for pre-sentencing report. I refer to s.109A of the
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Criminal Procedure Ordinance Cap 221.
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14. In the present circumstances, I accepted that the Defendant
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was acting as a conduit to pass on the blue envelope along the line.
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15. To this end, since the Defendant has pleaded guilty to the
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charge, he is entitled to 1/3 discount, the sentence comes down to 47.4
M months. I round down to 47 months. That is 3 years and 11 months. M
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16. The Defendant is ordered to serve a sentence for a period of 3
O years and 11 months. O
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( M Chow )
Deputy District Judge
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