HCCC 69/2024

[2024] HKCFI 2656

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 69 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 is committed to this court for sentence concerning two charges. Charge 1, attempting to traffic in a dangerous drug. The particulars are that on 10 September 2020, at the entrance of Flat 319, 3 ^rd Floor, Alhambra Building, Nos. 383 to 389C Nathan Road, Yau Ma Tei, Kowloon, in Hong Kong, attempted to unlawfully traffic in a dangerous drug, namely 26,745 grammes of liquid and damp solid containing 8,945 grammes of cocaine.

And the 2 ^nd charge, trafficking in dangerous drugs. On the 10 September 2020, at sub-room B, Flat 319, 3 ^rd Floor, Alhambra building, Nos. 383 to 389C, Nathan Road, Yau Ma Tei, Kowloon, in Hong Kong, unlawfully trafficked in a dangerous drug, namely:

(1) 257.03 grammes of a crystalline solid containing 255.12 grammes of methamphetamine hydrochloride;

(2) 13.5 grammes of a solid containing 10 grammes of methamphetamine;

(3) 172 grammes of a liquid containing 164 grammes of methamphetamine hydrochloride.

The defendant admits the facts submitted to court and he is convicted as charged. The facts admitted are these.

At about 11.38 pm on 6 September 2020, Liu Chui-man, representative of the consignee, ie, Hera Logistics Limited, Hera, presented an inbound air consignment in a pallet from the United States, which was affixed with freight labels showing MAMW No. 160-23862451, and HAWB No. AE-14321 and furnished a set of documents including master airway bill and shipment release form for customs clearance at Cathay Pacific Cargo Terminal.

In the presence of Mr Liu, SCO9902, C016316, conducted examination on the consignment. In the consignment, there were 20 black and white carton boxes and four brown carton boxes. In the said 20 black and white carton boxes, 45 out of 240 wine bottles were found containing liquid cocaine, whereas no contraband was found in the four brown carton boxes.

The content of the set 45 wine bottles were later sent to the government laboratory for examination and the government chemist confirmed that the said 45 bottles contained a total of 26,445(26,745?) grammes of liquid and damp solid containing 8,945 grammes of cocaine.

The C&E then contacted Hera and it was confirmed that the said consignment consisted of two sub-house airway bill and a consignment with dangerous drugs concerned with the sub-house airway bill numbered AE-14321A only, the consignment, and the defendant was the consignee of the consignment.

On 9 September 2020, the C&E replaced all the 240 bottles of wine in the consign