A A
HCCC 171/2017
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 171 OF 2017
D ----------------- D
HKSAR
E v E
F
CHAN Wai-nam, Jan F
------------------
G G
Before: DHCJ Bruce, SC
Date: 7 August 2017 at 10.04 am
H Present: Ms Lo Shui-ying Sabra, SPP of the Department of H
Justice, for HKSAR
I Mr Wong Po-wing, instructed by MCA Lai Solicitors LLP, I
for the accused
Offence: Trafficking in a dangerous drug (販運危險藥物)
J J
---------------------------------
K K
Transcript of the Audio Recording
of the Sentence in the above Case
L --------------------------------- L
M COURT: On 18 December 2016, Chan Wai-nam was situated near a M
minibus stand in Sau Mau Ping Estate. There were, nearby,
plainclothes officers who thought that she was acting
N N
suspiciously. They approached her and following a search
of her handbag, they found a black plastic bag containing
O three transparent packets of a suspected dangerous drug. O
The drug was analysed later and found to be 71.9 grammes of
a crystalline solid containing 66.6 grammes of cocaine.
P P
Following the inspection of her handbag, Ms Chan was
arrested. Under caution, she told the police: “I owe the
Q Q
other $400,000, so I trafficked for the other. Please give
me a chance, I just got the coke today”.
R R
The next day, Ms Chan was interviewed by the police under
caution and the interview was recorded on video. In
S essence, she confirmed that she carried the drugs because S
she was in heavy debt. On the particular date in question,
she received a call to go to a place in Whampoa. On
T arrival at the place where she was instructed to go, she T
received a number of phone calls from unknown males who
U U
CRT36/7.8.2017/TW/cc 1 HCCC 171/2017(1)/Sentence
V V
A A
instructed her to pick up a black bag in a flowerbed
nearby. She complied with their instructions.
B B
She checked the black bag and found it contained some white
substance. She admitted that she knew that this was
C C
cocaine. She was instructed to take the bag to Sau Mau
Ping Estate and she complied with that request. The black
D bag seized by the police was the one that she had picked up D
on instructions and conveyed to Sau Mau Ping.
E It is clear that Chan Wai-nam made full admissions to the E
police and did so at the earliest possible time. She
indicated a plea of guilty to the magistrate following the
F course of committal proceedings under part III of the F
Magistrates Ordinance, Cap 227. She did that on 22 May
G 2017. Following that plea of guilty, she was committed for G
sentence to the Court of First Instance.
H She is now 23 years old. She was born in Hong Kong and H
left secondary school after Form 1. She, at one stage,
joined the youth employment and training programme
I organised by the Labour Department of Hong Kong. Her I
parents divorced when she was 4 years old and for all
J practical purposes, she lost contact with her mother at J
about age 6. She then lived with her paternal grandmother
and saw her father infrequently.
K K
Chan Wai-nam is a person of clear record. It is plain to
me that what motivated her to commit this crime was to try
L and repay money that she had borrowed on behalf of her L
boyfriend.
M M
From the submissions in mitigation advanced by Mr Wong on
behalf of Ms Chan, I have also learned that now she has a
N daughter of about 1 year of age. While it is inevitable N
that I will have to send Ms Chan to prison, I hope that,
given what else I have heard about her and which I will
O shortly recite, will motivate her to do everything she can O
to ensure her now 1-year-old daughter will not follow any
part of the path which she has followed to date.
P P
One of the positive things that has come out of this
Q conduct is that she has re-established contact with her Q
father who is present in court today. I hope that this is
a sign of a change of direction in the relationship of both
R of them. R
In a letter directed to me, Ms Chan has said in plain terms
S that she now realises the seriousness of her conduct. She S
is remorseful and accepts the consequences of her conduct.
T She is taking courses to improve herself while in custody T
and has noted that she has received a great deal more
family support now that she is in prison. She has turned
U to religion and I suspect that if she continues on that U
CRT36/7.8.2017/TW/cc 2 HCCC 171/2017(1)/Sentence
V V
A A
path, that will be a great support to her while in prison
and will help her stay on an appropriate path once she gets
B out of prison. She tells me, and I accept, that she B
intends to undertake voluntary work when she emerges from
prison.
C C
I have had a letter also from her father and he expresses
D an understandable parental concern and there is a D
recognition in his letter that he needs to do more. With
respect, that is right, but I would suspect everybody needs
E to do more to improve family relations. E
The Hong Kong Christian Kun Sun Association which provides
F support and assistance to prisoners has also written F
positively about Ms Chan and suggests that she is a good-
G tempered person and has learned a hard lesson. Plainly, it G
was misplaced loyalty on the part of Ms Chan that she
sought to make quick money to repay a debt owed by others.
H H
Trafficking in dangerous drugs is viewed by the courts and
community of Hong Kong in a very serious light. The
I effects of cocaine usage are well known and in the I
prolonged use of them, none of those effects are good, from
J two standpoints. The first standpoint is that of the user. J
The physical and mental harm that can be done by cocaine
can be very serious. The second standpoint is that
K prolonged cocaine use can also have serious consequences K
for the community in many cases because the effect is not
solely limited to the user. Services, such as hospital and
L medical services, often at the cost of the community, are L
often engaged in the treatment of the consequences of
M cocaine use. M
There are guidelines set down by the courts of Hong Kong to
N reflect the serious view that the courts take of this crime N
and that reflects, as I say, the serious view that the
community takes. The source of guidelines in relation to
O the trafficking of cocaine, starts with the decision of the O
Court of Appeal in R v Lau Tak Ming [1990] 2 HKLR 370. In
P
Attorney General v Rojas [1994] 1 HKC 342 and HKSAR v Chang P
Chen Li Sa [1994] 3 HKC 685, the Court of Appeal declared
that the guidelines in R v Lau Tak Ming (above) are
Q appropriate for cocaine. Q
The correctness of the guidelines in relation to cocaine
R trafficking for sentencing cases of up to 600 grammes were R
confirmed recently by the Court of Appeal in HKSAR v
Abdallah [2009] 2 HKLRD 437. The cocaine involved in the
S S
instant case is 66.6 grammes and for that amount, the
guidelines suggest a sentence between 8 and 12 years,
T relating to convictions after trial. That of course is not T
the position here. Ms Chan has pleaded guilty at the
earliest possible opportunity.
U U
CRT36/7.8.2017/TW/cc 3 HCCC 171/2017(1)/Sentence
V V
A A
It is plain from the materials before me that Ms Chan was a
very small player in the distribution of cocaine. She is a
B person who has clearly and consistently indicated that she B
takes responsibility for her conduct and she is, I am
satisfied, utterly remorseful for her conduct. She has
C C
clearly had a difficult life and what I am told, which I
accept, is that she is already taking steps to turn that
D around. In an attempt to combine justice with mercy, I D
think that the appropriate starting point is 8 years and 6
months.
E E
Reducing that sentence by 33 per cent to reflect her early
plea of guilty and manifest remorse, I order that she be
F F
imprisoned for 5 years and 8 months.
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
U U
CRT36/7.8.2017/TW/cc 4 HCCC 171/2017(1)/Sentence
V V
A A
HCCC 171/2017
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 171 OF 2017
D ----------------- D
HKSAR
E v E
F
CHAN Wai-nam, Jan F
------------------
G G
Before: DHCJ Bruce, SC
Date: 7 August 2017 at 10.04 am
H Present: Ms Lo Shui-ying Sabra, SPP of the Department of H
Justice, for HKSAR
I Mr Wong Po-wing, instructed by MCA Lai Solicitors LLP, I
for the accused
Offence: Trafficking in a dangerous drug (販運危險藥物)
J J
---------------------------------
K K
Transcript of the Audio Recording
of the Sentence in the above Case
L --------------------------------- L
M COURT: On 18 December 2016, Chan Wai-nam was situated near a M
minibus stand in Sau Mau Ping Estate. There were, nearby,
plainclothes officers who thought that she was acting
N N
suspiciously. They approached her and following a search
of her handbag, they found a black plastic bag containing
O three transparent packets of a suspected dangerous drug. O
The drug was analysed later and found to be 71.9 grammes of
a crystalline solid containing 66.6 grammes of cocaine.
P P
Following the inspection of her handbag, Ms Chan was
arrested. Under caution, she told the police: “I owe the
Q Q
other $400,000, so I trafficked for the other. Please give
me a chance, I just got the coke today”.
R R
The next day, Ms Chan was interviewed by the police under
caution and the interview was recorded on video. In
S essence, she confirmed that she carried the drugs because S
she was in heavy debt. On the particular date in question,
she received a call to go to a place in Whampoa. On
T arrival at the place where she was instructed to go, she T
received a number of phone calls from unknown males who
U U
CRT36/7.8.2017/TW/cc 1 HCCC 171/2017(1)/Sentence
V V
A A
instructed her to pick up a black bag in a flowerbed
nearby. She complied with their instructions.
B B
She checked the black bag and found it contained some white
substance. She admitted that she knew that this was
C C
cocaine. She was instructed to take the bag to Sau Mau
Ping Estate and she complied with that request. The black
D bag seized by the police was the one that she had picked up D
on instructions and conveyed to Sau Mau Ping.
E It is clear that Chan Wai-nam made full admissions to the E
police and did so at the earliest possible time. She
indicated a plea of guilty to the magistrate following the
F course of committal proceedings under part III of the F
Magistrates Ordinance, Cap 227. She did that on 22 May
G 2017. Following that plea of guilty, she was committed for G
sentence to the Court of First Instance.
H She is now 23 years old. She was born in Hong Kong and H
left secondary school after Form 1. She, at one stage,
joined the youth employment and training programme
I organised by the Labour Department of Hong Kong. Her I
parents divorced when she was 4 years old and for all
J practical purposes, she lost contact with her mother at J
about age 6. She then lived with her paternal grandmother
and saw her father infrequently.
K K
Chan Wai-nam is a person of clear record. It is plain to
me that what motivated her to commit this crime was to try
L and repay money that she had borrowed on behalf of her L
boyfriend.
M M
From the submissions in mitigation advanced by Mr Wong on
behalf of Ms Chan, I have also learned that now she has a
N daughter of about 1 year of age. While it is inevitable N
that I will have to send Ms Chan to prison, I hope that,
given what else I have heard about her and which I will
O shortly recite, will motivate her to do everything she can O
to ensure her now 1-year-old daughter will not follow any
part of the path which she has followed to date.
P P
One of the positive things that has come out of this
Q conduct is that she has re-established contact with her Q
father who is present in court today. I hope that this is
a sign of a change of direction in the relationship of both
R of them. R
In a letter directed to me, Ms Chan has said in plain terms
S that she now realises the seriousness of her conduct. She S
is remorseful and accepts the consequences of her conduct.
T She is taking courses to improve herself while in custody T
and has noted that she has received a great deal more
family support now that she is in prison. She has turned
U to religion and I suspect that if she continues on that U
CRT36/7.8.2017/TW/cc 2 HCCC 171/2017(1)/Sentence
V V
A A
path, that will be a great support to her while in prison
and will help her stay on an appropriate path once she gets
B out of prison. She tells me, and I accept, that she B
intends to undertake voluntary work when she emerges from
prison.
C C
I have had a letter also from her father and he expresses
D an understandable parental concern and there is a D
recognition in his letter that he needs to do more. With
respect, that is right, but I would suspect everybody needs
E to do more to improve family relations. E
The Hong Kong Christian Kun Sun Association which provides
F support and assistance to prisoners has also written F
positively about Ms Chan and suggests that she is a good-
G tempered person and has learned a hard lesson. Plainly, it G
was misplaced loyalty on the part of Ms Chan that she
sought to make quick money to repay a debt owed by others.
H H
Trafficking in dangerous drugs is viewed by the courts and
community of Hong Kong in a very serious light. The
I effects of cocaine usage are well known and in the I
prolonged use of them, none of those effects are good, from
J two standpoints. The first standpoint is that of the user. J
The physical and mental harm that can be done by cocaine
can be very serious. The second standpoint is that
K prolonged cocaine use can also have serious consequences K
for the community in many cases because the effect is not
solely limited to the user. Services, such as hospital and
L medical services, often at the cost of the community, are L
often engaged in the treatment of the consequences of
M cocaine use. M
There are guidelines set down by the courts of Hong Kong to
N reflect the serious view that the courts take of this crime N
and that reflects, as I say, the serious view that the
community takes. The source of guidelines in relation to
O the trafficking of cocaine, starts with the decision of the O
Court of Appeal in R v Lau Tak Ming [1990] 2 HKLR 370. In
P
Attorney General v Rojas [1994] 1 HKC 342 and HKSAR v Chang P
Chen Li Sa [1994] 3 HKC 685, the Court of Appeal declared
that the guidelines in R v Lau Tak Ming (above) are
Q appropriate for cocaine. Q
The correctness of the guidelines in relation to cocaine
R trafficking for sentencing cases of up to 600 grammes were R
confirmed recently by the Court of Appeal in HKSAR v
Abdallah [2009] 2 HKLRD 437. The cocaine involved in the
S S
instant case is 66.6 grammes and for that amount, the
guidelines suggest a sentence between 8 and 12 years,
T relating to convictions after trial. That of course is not T
the position here. Ms Chan has pleaded guilty at the
earliest possible opportunity.
U U
CRT36/7.8.2017/TW/cc 3 HCCC 171/2017(1)/Sentence
V V
A A
It is plain from the materials before me that Ms Chan was a
very small player in the distribution of cocaine. She is a
B person who has clearly and consistently indicated that she B
takes responsibility for her conduct and she is, I am
satisfied, utterly remorseful for her conduct. She has
C C
clearly had a difficult life and what I am told, which I
accept, is that she is already taking steps to turn that
D around. In an attempt to combine justice with mercy, I D
think that the appropriate starting point is 8 years and 6
months.
E E
Reducing that sentence by 33 per cent to reflect her early
plea of guilty and manifest remorse, I order that she be
F F
imprisoned for 5 years and 8 months.
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
U U
CRT36/7.8.2017/TW/cc 4 HCCC 171/2017(1)/Sentence
V V