HCCC 45/2024

[2024] HKCFI 2649

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 45 OF 2024

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

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COURT: The defendant Ma Yin-tai pleaded guilty to one count of trafficking in a dangerous drug, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134 . You pleaded guilty before a magistrate and committed to the Court of First Instance of the High Court for sentence.

Now, the summary of facts admitted by the defendant. The facts admitted by the defendant disclosed that on the day in question, the defendant was seen acting suspiciously next to a private car at the junction of Tung Choi Street and Nullah Road. So he was intercepted by the police. At the time there was a woman, that is the defendant’s girlfriend, who was sitting inside the car.

Upon search of the car, the police seized the following.

Inside the storage compartment under the centre touchscreen:

(1) a plastic bag containing 26.6 grammes of a crystalline solid containing 26.3 grammes of ‘Ice’; and

(2) another plastic bag containing 2.77 grammes of a crystalline solid containing 2.74 grammes of ‘Ice’.

Then, inside the centre console tray that is the compartment between the driver and the front passenger seat, there was a plastic bag containing 6.67 grammes of a crystalline solid containing 6.61 grammes of ‘Ice’. And the police seized a mobile phone and cash of $110 from the defendant.

Under arrest and under caution at the scene, the defendant admitted trafficking the ‘Ice’ for another for a $800 reward, and the woman denied knowledge or involvement. In a subsequent video-recorded interview under caution, the defendant explained how he was approached by an unknown person to earn quick money by delivering ‘Ice’. He picked up the ‘Ice’ in question in Mong Kok and was instructed to wait at Nullah Road. Hence he drove the car there to wait and was arrested by the police. The defendant stated that his girlfriend was unaware of what he was doing. The defendant admitted that he was in possession of the ‘Ice’ seized in the car for the purpose of unlawful trafficking.

The Background and Mitigation

According to the antecedent statement, the defendant was born in August 1990 and is now 34 years of age. He has one previous conviction of theft in 2006 when he was 16 and was placed on probation for 18 months. The defendant claimed to receive education up to Form 5, and was working as a transportation worker at the time of arrest. The defendant is married, and he has an elder sister.

The defendant’s counsel Mr Yau, in his written submission, gave this court more information on the defendant. The defendant’s father is aged 60 and worked as a private chauffeur. His mother had passed away five years ago. He has an elder sister who is a