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CFA_Judgement_Corpus_97-22

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{ "en": "Tsui admitted that the backpack was given to him by “Fat Kai”. Tsui stated that he “carried stuff for Fat Kai” in order to earn a remuneration. In his subsequent interview with the police, Tsui further explained how he had obtained the backpack, how he had delivered the backpack to the hotel according to instructions and given it to a person called Ah B. Tsui stated that Ah B helped Fat Kai to “get stuff for someone”. Not only did Tsui admit that he gave the backpack to Ngan, but he also admitted that he earned $10,000 in the incident, of which $4,000 was given to Ngan. However, Tsui stressed that he had never opened the backpack and therefore, he did not know what the backpack contained. But he also stated that he “knew it was not something good”, knew it was “illegal” and knew it was “dangerous goods”. But he did not know what kind of dangerous goods it was. Tsui stated that Fat Kai had told him, “Don’t open it, they measured up”, and he had also said “I thought I got nailed, for everybody knew that we were doing that kind of thing.”", "zh-HK": "徐偉勝承認涉案的背囊是由“肥佳”交給他的。徐偉勝表示自己“幫肥佳帶嘢”，賺取酬勞。其後和警員會面時，徐偉勝再就如何取得背囊，如何按指示將背囊送往酒店，交給一名叫阿B的人再作解釋。徐偉勝指是阿B幫肥佳“攞嘢畀人”。徐偉勝不但承認背囊是他交給顏家俊的，更承認在事件中他賺取了10,000元，其中4,000元分了給顏家俊。但徐偉勝強調從未打開過背囊，故不知悉背囊所載何物，但他同時表示，“知唔係好嘢”，知道是“非法”的，知道是“危險品”，但不知甚麼危險品，徐偉勝表示肥佳吩咐他“唔好打開，人哋夠秤”，亦有說過，“我以為我中咗，因為大家都知道喺度做緊嗰啲嘢。”" }

{ "en": "The defence", "zh-HK": "答辯理由" }

{ "en": "At trial, both Ngan and Tsui gave evidence for their own defence but neither called any witness. Both of them tried to shift the blame onto the other in their evidence.", "zh-HK": "原審時顏家俊和徐偉勝都有作供自辯，但他們沒有傳召證人。作供時，他們都試圖把罪責推向對方。" }

{ "en": "Ngan stated that Tsui had asked him to carry the said backpack and he did not know that the backpack contained dangerous drugs.", "zh-HK": "顏家俊指是徐偉勝要他攜帶有關背囊，而他是不知道背囊內載有危險藥物的。" }

{ "en": "On the other hand, Tsui stated that Ngan had left the backpack with him in his house in the small hours of the day in question, and he subsequently handed the backpack back to Ngan. Tsui stated that he did not know what was contained in the backpack.", "zh-HK": "徐偉勝則指顏家俊在案發當日凌晨將背囊寄存在他的家中，其後徐偉勝將背囊交回給顏家俊。徐偉勝表示不知悉背囊內所載何物。" }

{ "en": "Tsui stated that he went to the Regal Hotel in order to ask a friend to repay a debt, and since Ngan had told him that he wanted to go to somewhere near the hotel, they arranged to meet somewhere near the hotel. Inside the hotel, he took the lift trying to find the toilet but in vain. So he went to Wong Ming Kee to find the toilet and something to eat. Later, he got a call from his friend asking him to wait outside the hotel, but as his friend did not turn up, he returned to Wong Ming Kee. As Ngan stated that he wanted to go to Shatin to inspect certain decoration, he boarded a taxi with him to go to Festival Walk. No sooner had they alighted from the taxi than they were arrested.", "zh-HK": "徐偉勝表示到富豪酒店是找朋友還錢而顏家俊亦曾向他表示想到酒店附近，故兩人相約在酒店附近見面。在酒店內，他曾乘坐電梯找厠所，但找不到，故前往“黃明記”找厠所及吃東西。其後他收到朋友電話叫他在酒店門口等候，但結果等不到朋友，故再前往“黃明記”。因為顏家俊表示要往沙田看裝修，故和他一起坐的士到又一城，下車後隨即被捕。" }

{ "en": "Tsui stated that he was assaulted after being arrested and he denied having made any confession. He said that he signed his name on some documents that were to his prejudice only because he had been threatened and assaulted. He stated that he had no idea at all of the contents of the documents and had not said what were written in the documents as said by him.", "zh-HK": "徐偉勝指被捕後遭人毆打，他否認有作出任何招認。他只是在被恐嚇及毆打下，在一些不利他的文件上簽名。他表示對文件的內容全不知悉，亦沒有說過文件上所寫的說話。" }

{ "en": "The prosecution and defence agreed that Tsui received medical examination at Ruttonjee Hospital around 10:20 p.m. on the night in question. The doctor found that he had injury marks on his body, which included redness on his forehead, nose and the right side of his neck, abrasion on his lower lip, slight redness and tenderness on his left lower leg, and part of his right upper incisors were chipped and fractured. Tsui stated that the injuries were resulted from the assault by the customs officers but as he had been threatened by them, he did not tell the doctor the truth.", "zh-HK": "控辯雙方同意案發當晚約10時20分徐偉勝在律敦治醫院接受檢查後，醫生發現他身上有傷痕，包括額、鼻、右頸發紅、下唇擦傷、左下腿微紅及疼痛、右上門牙部份崩裂。徐偉勝指傷勢是遭關員毆打造成，但因遭關員恐嚇，故沒有向醫生道出真相。" }

{ "en": "Grounds of appeal against conviction", "zh-HK": "就定罪的上訴理由" }

{ "en": "Tsui did not set out his grounds of appeal in detail in his application for leave to appeal. He complained, “the judge placed emphasis on the prosecution’s evidence in the summing-up and neglected the challenge made by defence lawyer of the prosecution’s evidence, thereby making the jury forming a wrong impression that the judge held the same view, and as a result, the jury believed that I was guilty”. He repeated the course of events as alleged by him in his written submission. He insisted that he had been threatened by customs officers with violence, and he was forced to sign his name on the documents to show that he admitted the allegations of the prosecution against him. Tsui stressed that the directions of the trial judge to the jury failed to do him justice and he did not understand why the jury preferred the evidence of the customs officers to his evidence.", "zh-HK": "徐偉勝在其上訴申請書沒有列出詳細的上訴理由，他指“法官在陳詞中重點提及控方的證據，而忽略了辯方律師質疑控方的理據，形成陪審員錯誤以為法官都有同樣睇法，因而才相信本人有罪”。在其書面陳述，徐偉勝複述其指稱的案發經過。他力稱曾受關員暴力恐嚇，更被迫在文件上簽名，顯示他承認控方對他的指控。徐偉勝強調原審法官對陪審團的指引對他不公平，亦表示不明白為何陪審團信納關員的證供，郤不信納他的證供。" }

{ "en": "The convictions in the present case are wholly founded on the views of the jury on the facts. The jury were conscious of the allegations of the applicant against the customs officers and the jury must have also taken into account the defence raised by the applicant. The jury were entitled to reject Tsui’s version of events and, based on the prosecution’s evidence that were accepted by them, to convict him. He alleged that he had been assaulted and injured by the police. But his injuries were wholly inconsistent with his allegation. We have also carefully considered the directions of the trial judge to the jury. We do not agree with Tsui’s assertions. The directions of the trial judge to the jury were reasonable, sufficient, full and fair. The trial judge had not neglected the version put forward by the defence. We do not find the conviction of Tsui on the first charge unsafe in any way. The evidence against him was ample and had been found established. Tsui’s application for leave to appeal against conviction is dismissed.", "zh-HK": "本案就定罪的裁決，全建基在陪審團對事實的看法。陪審團知悉申請人對關員的指控，陪審團亦必會將申請人的自辯理由考慮在內。陪審團有權否定徐偉勝的說法及接納控方的證據並根據控方證據將他定罪。他指被警員毆打受傷但其傷勢和其指稱絕不相符。本庭亦有詳細考慮原審法官對陪審團的引導。本庭不同意徐偉勝的立場。原審法官對陪審團的引導是合理、充份、全面及公平的。原審法官並沒有忽略了辯方的說法。對徐偉勝被裁定第一項控罪罪名成立，本庭不覺有任何不穩妥之處。針對他的證據是充份及確立的。本庭不批准徐偉勝就定罪提出上訴。" }

{ "en": "The trial judge’s reasons for sentence", "zh-HK": "原審法官判刑理由" }

{ "en": "The trial judge pointed out that the Court of Appeal has not laid down sentencing guidelines for trafficking in the dangerous drug involved in the present case, namely N,N-dimethylamphetamine (NNDMA). She also pointed out that according to the case HKSAR v So Shuk Yee CACC460/2004 and the expert report prepared by Professor Tang Wai Kwong for the present case, the potency of NNDMA is different from that of ‘Ice’ for the reasons that (1) NNDMA is less potent than ‘Ice’ in terms of its neurotoxic effects; (2) animal studies have shown that ‘Ice’ is 3 times more potent than NNDMA in its lethal effects; (3) in terms of its stimulant effects on the human central nervous system, NNDMA is 5 to 12 times less potent than ‘Ice’; (4) NNDMA is rarely abused as a single substance but is more often found in mixture with MDMA (“Ecstasy”) or ‘Ice’. The trial judge agreed that the sentencing guidelines for trafficking in ‘Ice’ are not applicable to trafficking in NNDMA.", "zh-HK": "原審法官指出上訴法庭並沒有就販運涉案的危險藥物，即N N 二甲基安非他明定下量刑指引。原審法官亦指出根據香港特區政府 訴 蘇淑儀（譯音） CACC 460/2004案及本案的鄧偉光博士撰寫的專家報告，N N 二甲基安非他明的毒性和“冰”毒的毒性不同。原因是（一）N N 二甲基安非他明毒性對人類神經做成的損害較” “冰”毒為低；（二）就動物測試而言，“冰”毒的致命毒性較N N 二甲基安非他明高三倍；（三）就刺激人類中樞神經而言，N N 二甲基安非他明的藥力只及“冰”毒的約1/12至1/5倍；（四）N N 二甲基安非他明很小單獨使用，而是多混於MDMA“忘我”，或“冰”毒一起被濫用。原審法官同意適用於販運“冰”毒的量刑指引不適用於販運N N 二甲基安非他明。" }

{ "en": "The trial judge said that there was a consensus between trial counsel on both sides that the sentence for trafficking in NNDMA should be somewhere between that for trafficking in the same quantity of ‘Ice’ and that of ‘Ecstasy’.", "zh-HK": "原審法官指控辯雙方大律師有共識，即販運N N 二甲基安非他明應導致的判刑介乎販運相同份量的“冰”毒及“忘我”之間。" }

{ "en": "The trial judge pointed out that under the relevant authorities, the starting point for the trafficking of 4,680 grammes of ‘Ice’ should be 24 to 25 years while that for the trafficking of 4,680 grammes of ‘Ecstasy’ should be 12 years.", "zh-HK": "原審法官指出根據有關案例，販運4,680克“冰”毒，量刑基準應為24、25年而販運4,680克“忘我”的量刑基準則應為12年。" }

{ "en": "In particular, the judge pointed out that in HKSAR v Tsang Wai-kei CACC 452/2002 where it involved the trafficking of 4.2 kg of ketamine, the Court of Appeal held that the starting point of 12 years could be described as lenient. Given the principle that trafficking in ketamine and that in ‘Ecstasy’ would lead to similar terms of imprisonment, the trial judge took the view that the appropriate starting point to be adopted in the present case which involved the trafficking of 4,680 grammes of NNDMA should be somewhere between 12 and 25 years.", "zh-HK": "原審法官特別指出香港特區政府 訴 周偉基（譯音）CACC 452/2002案涉及販運4.2公斤氯胺酮,上訴法庭指12年的量刑基準屬輕判。在販運氯胺酮和販運“忘我”會導致相約的刑期的原則下，原審法官認為以本案涉及4,680克N N – 二甲基安非他明而言，適當量刑基準應介乎12年與25年之間。" }

{ "en": "In the result, the trial judge adopted a starting point of 18 years’ imprisonment, being the median figure between 12 and 25 years, for the first charge in respect of both applicants.", "zh-HK": "最後，原審法官採納了12年及25年之間的中位，以18年為首項控罪的量刑基準來懲處兩名申請人。" }

{ "en": "Grounds of appeal", "zh-HK": "上訴理由" }

{ "en": "Mr. Kan of Counsel and Mr. Hung of Counsel both complained that the starting point of 18 years adopted by the trial judge was too high.", "zh-HK": "簡大律師和孔大律師都指原審法官採納的18年量刑基準過高。" }

{ "en": "Mr. Kan stressed the point strongly that as the starting point adopted by the judge in HKSAR v Tsang Wai-kei CACC 452/2002 for the trafficking of 4.2 kg of ketamine was 12 years, and while the Court of Appeal also approved the starting point of 18 years for the trafficking of 7.11 kg of ‘Ecstasy’ in HKSAR v Leung Ka-yin CACC 145/2005, the starting point for the present case should be below 18 years.", "zh-HK": "簡大律師強調香港特區政府 訴 周偉基 CACC 452/2002案，涉及販運4.2公斤氯胺酮，法官採納的量刑基準是12年而香港特區政府 訴 梁家賢 CACC 145/205案則涉及7.11公斤“忘我”，上訴法庭亦認同18年的量刑基準，因此簡大律師力稱本案的量刑基準應低於18年。" }

{ "en": "Mr. Hung pointed out that NNDMA is not a kind of dangerous drug that is commonly seen and is far less potent than ‘Ice’. He stressed that as no studies of its potency have been conducted on humans, its effect in human is unknown, and the animal studies have shown that the lethal effect of NNDMA is only one-third of that of ‘Ice’.", "zh-HK": "孔大律師指出N N 二甲基安非他明並非常見的危險藥物而其毒性亦遠較“冰”毒為低。孔大律師強調N N二甲基安非他明並沒有以人類作為對象，試驗其毒性，故對人類的影響資料不詳，而對動物的測試結果亦顯示其毒性與“冰”毒的毒性相比，只有三分一。" }

{ "en": "Mr. Hung said that according to Professor Tang’s report, in mice studies, the effect of depleting the substance dopamine, a neurotransmitter in the central nervous system, of NNDMA is only approximately one-eighth of that of ‘Ice’. And in mice and monkeys studies comparing NNDMA and ‘Ice’ in terms of the stimulant effect, NNDMA is 5 to 12 times less potent than ‘Ice’ while ‘Ecstasy’ is 7 times less potent than ‘Ice’. The median figure of the former is not far from the latter.", "zh-HK": "孔大律師指據鄧偉光博士的報告，以老鼠為實驗對象的研究顯示，N N二甲基安非他明對中樞神經內的神經傳導物質多巴胺(Dopamine)的消減效果只有約1/8而以老鼠及猴子為研究對象的實驗則顯示N N二甲基安非他明能導致的興奮作用和“冰”毒相比只是約1/12至1/5倍 之間，其中位數和“忘我”的1/7倍相差不遠。" }

{ "en": "Mr. Hung’s stance is that not only is NNDMA less potent than ‘Ice’, but it is also less potent than ketamine and even ‘Ecstasy’, so its applicable starting point should also be lower than the starting points applicable to those types of dangerous drugs. Mr Hung also emphasized that NNDMA is far less commonly abused than other types of drugs.", "zh-HK": "孔大律師的立場是NN二甲基安非他明的毒性不但較“冰”毒為低，亦較氯胺酮（“K仔”），甚至（“忘我”）為低，故其適用的量刑基準亦應較適用於該些毒品的量刑基準為低。孔大律師強調濫用N N二甲基安非他明的程度亦遠較濫用其他毒品為低。" }

{ "en": "Mr. Hung submitted that the starting point of 18 years adopted by the trial judge is manifestly excessive.", "zh-HK": "孔大律師認為原審法官採納的18年量刑基準屬明顯過重。" }

{ "en": "The respondent’s stance", "zh-HK": "答辯人的立場" }

{ "en": "Mr. Robert Lee, SC, for the respondent, agreed that NNDMA is less potent than ‘Ice’. He pointed out that in animal studies comparing NNDMA and ‘Ice’, the former is 3 times less potent than the latter and the stimulant effect of the former on the central nervous system is 5 to 12 times less potent than the latter.", "zh-HK": "代表答辯人的李紹強資深大律師同意NN二甲基安非他明的毒性較“冰”毒為低。李資深大律師指出NN二甲基安非他明和“冰”毒相比，以動物測試而言，毒性只及“冰”毒的三份一而刺激中樞神經作用則是約1/12至1/5倍之間。" }

{ "en": "Mr. Lee SC pointed out that the above finding is similar to the findings of the ad hoc report cited in HKSAR v So Shuk-yee CACC 460/2004, namely according to a study by a Johns Hopkins School of Medicine research team, the behavioural effects that NNDMA can exert are only 10% to 20% of those that ‘Ice’ can exert. But Mr. Lee SC stressed that the lethal dosage of NNDMA is 3 times that of ‘Ice’ while that of ‘Ecstasy’ is 16 times, it shows that NNDMA is much more potent than ‘Ecstasy’.", "zh-HK": "李資深大律師指出上述說法和香港特區政府 訴 蘇淑儀 CACC 460/2004案中所引用的專案報告內容相約，即根據Johns Hopkins School of Medicine曾進行的研究，NN二甲基安非他明所產生的異常行為是和“冰”毒相比，只有10% 至20% 。但李資深大律師強調N N二甲基安非他明的致命劑量是“冰”毒的三倍，而“忘我”則是16倍，表示N N二甲基安非他明的毒性遠較“忘我”為高。" }

{ "en": "Mr. Lee SC submitted that it is more reliable and rational to use the sentencing guidelines for trafficking in ‘Ice’ as the sentencing basis for trafficking in NNDMA.", "zh-HK": "李資深大律師認為用販運“冰”毒罪行的量刑指引作為販運NN二甲基安非他明罪行的量刑基礎是較可靠及合邏輯的。" }

{ "en": "At the same time, Mr Lee SC submitted that the court should take the following factors into account when it considers the offence of illegal trafficking of the dangerous drug NNDMA:", "zh-HK": "李資深大律師同時認為法庭在考慮非法販運NN二甲基安非他明毒品時應將下列因素考慮在內：" }

{ "en": "(1)There has been a trend of NNDMA being widely used recently. According to the ad hoc report:", "zh-HK": "（一） NN二甲基安非他明近期有廣泛使用的趨勢。根據專案報告：" }

{ "en": "(i)This type of dangerous drug appeared in Asian countries in the past 10 years, and for example, there has been a rising trend of abuse of it in Taiwan;", "zh-HK": "(i)這類毒品在過往10年有在亞洲出現，並且以台灣為例其被濫用的情況有增加趨勢；" }

{ "en": "(ii)This type of drug has been found as an adulterant in ‘Ecstasy’ in Hong Kong in the past;", "zh-HK": "(ii)這類毒品過往在香港曾被發現攙雜在“忘我”之中；" }

{ "en": "(iii)According to the relevant statistics for the years 2001 to 2003, there has been a steady increase in cases and amount of seizures of this type of drug in Hong Kong.", "zh-HK": "(iii)香港2001至2003年有關數據顯示這類毒品被搜獲的案件正穩步上升。" }

{ "en": "(2)According to the figures of the Narcotics Bureau, there are 11 cases of trafficking in NNDMA in the first 10 months of 2007 and the amount of seizures are 4,690 grammes which are nearly 10 times the amount of seizures in 2006.", "zh-HK": "（二）根據毒品調查科數字, 2007年頭10個月販運NN二甲基安非他明的案件有11宗，而搜獲的數量有4,690克，較2006年搜獲的數量多近10倍。" }

{ "en": "(3)The known use of NNDMA can make ‘Ice’ even more extensively abused.", "zh-HK": "（三）NN二甲基安非他明的已知用途可令“冰”毒更泛濫。" }

{ "en": "(4)The amount of drug involved in the present case is enormous.", "zh-HK": "（四）涉案毒品的數量龐大。" }

{ "en": "Mr. Lee SC submitted that given the amount of NNDMA in the present case and taking into consideration the factors listed above, the starting point of 18 years adopted by the trial judge on the first charge cannot be described as excessive.", "zh-HK": "李資深大律師認為以本案NN二甲基安非他明毒品的數量，再考慮上述因素在內，原審法官就首項控罪的採納量刑基準18年並不為過。" }

{ "en": "Discussion", "zh-HK": "討論" }

{ "en": "Although the potency of NNDMA and ‘Ice’ (methamphetamine) are different, they are of the same category of drug and both are produced by synthesizing various chemicals in laboratories. We agree with the stance of Mr. Lee SC that the more reliable and rational approach would be to deal with the sentencing for trafficking in NNDMA on the basis of the sentencing for trafficking in ‘Ice’ and to make appropriate adjustment on account of their difference in potency.", "zh-HK": "NN二甲基安非他明和“冰”毒（“甲基安非他明）毒性不同，但屬同類毒品，都是在實驗室將不同化學原料經化學合成製造而成。本庭認同李資深大律師的立場，在考慮販運NN二甲基安非他明罪行的量刑時，以販運“冰”毒的量刑為基礎，再以兩者的毒性不同而作出適當調節是可靠及較合邏輯的處理方法。" }

{ "en": "Mr. Hung emphasized that in considering the potency of NNDMA, one should bear in mind that there has been no study of NNDMA’s effects in humans.", "zh-HK": "孔大律師強調在考慮NN二甲基安非他明的毒性時，要緊記NN二甲基安非他明的影響並沒有用人類做過實驗。" }

{ "en": "Although the potency of NNDMA has not been ascertained by means of human studies, we are of the view that the findings of the animal studies conducted in mice and monkeys are sufficient to reflect the potency of the drug and are also applicable to humans. This approach is approved by the Court of Appeal in HKSAR v Hii Siew-cheng, Wong Yat-san [2009] 1 HKLRD 1. (See paragraph 64 of the Judgment)", "zh-HK": "雖然NN二甲基安非他明的毒性，未有以人類為實驗來測試過，但本庭認為以動物，包括猴子和老鼠為測試對象的實驗結果足以反映其毒性強弱，對人類亦適用。上述處理方法在HKSAR 訴 許守城、黃日新 [2009]1 HKLRD 1案獲上訴法庭認同。（見該案判案書第64段）" }

{ "en": "The undisputed literature and expert’s reports show that the potency of NNDMA is approximately one-third of that of ‘Ice’ and its stimulant effect on the central nervous system is approximately 5 to 12 times less effective than that of ‘Ice’. The depleting effect of NNDMA to the substance dopamine, a neurotransmitter, is about one-eighth of that of ‘Ice’.", "zh-HK": "雙方沒有爭議的文獻及專家報告顯示NN二甲基安非他明和“冰”毒相比，其毒性約為三份一，刺激中樞神經的興奮作用則約為1/12至1/5倍。N N二甲基安非他明對神經傳導物質多巴胺(Dopamine)的消減力亦達1/8。" }

{ "en": "Although the potency of NNDMA is only about one-third of that of ‘Ice’, it does not mean that the starting point of sentencing for trafficking in NNDMA should also only be one-third of that for trafficking in ‘Ice’.", "zh-HK": "雖然NN二甲基安非他明的毒性只有“冰”毒的毒性的三份一，但不表示販運NN二甲基安非他明罪行的量刑基準亦應只是販運“冰”毒罪行的量刑基準的三份之一。" }

{ "en": "Apart from the potency of the drugs in question, the court must also give regard to the public abhorrence of the offence of trafficking in dangerous drugs and to the resolve of the community to prevent young people from abusing drugs as well as to combat the crime of drug trafficking. The court should also take the use of the drug and the prevalence of its abuse into consideration.", "zh-HK": "除了有關毒品毒性的強弱外，法庭需要考慮社會大眾對販毒罪行嫌惡及防止青少年濫藥和打擊販毒罪行決心。法庭亦應將有關毒品的用途及其濫用的廣泛性一起考慮。" }

{ "en": "The court certainly cannot lose sight of the fact that the maximum sentence for illegal trafficking in NNDMA is life imprisonment.", "zh-HK": "法庭當然不能忽視非法販運NN二甲基安非他明罪行的最高判刑是終身監禁。" }

{ "en": "The available data show that NNDMA has no known medical use, and is rarely abused as a single substance but is often found in mixture with other drugs, including ‘Ecstasy’ and ‘Ice’, for the use of drug addicts. To stop the wide abuse of NNDMA can also stop the wide abuse of dangerous drugs like ‘Ecstasy’ and ‘Ice’.", "zh-HK": "有資料顯示NN二甲基安非他明沒有醫學用途，很少單獨使用，而多是和其他毒品，包括“忘我”，“冰”等一起混和後，供吸毒者使用。制止NN二甲基安非他明的氾濫亦能抑制“忘我”，“冰”等毒品氾濫。" }

{ "en": "Even if there is no sign of serious abuse of NNDMA, the court still has the duty to nip the trafficking of such drugs in the bud. Where there are data showing serious abuse of NNDMA, the court should all the more deal with the situation by heavy sentences in the hope of deterring such type of crime from continuing to develop.", "zh-HK": "即使沒有跡象顯示濫用NN二甲基安非他明的情況嚴重，法庭亦有責任將販運該等毒品罪行制止於其萌芽狀態。假若有資料顯示濫用NN二甲基安非他明的情況嚴重，法庭更應以重刑對待，希望能阻嚇該類罪行的持續發展。" }

{ "en": "Of course, it is necessary to strike an appropriate balance between the consideration of the above factors and the potency of NNDMA. Having considered all the factors, we are of the view that the starting point of sentence for the trafficking of NNDMA should be 60% of that for trafficking in the same quantity of ‘Ice’.", "zh-HK": "當然上述因素亦需和NN二甲基安非他明的毒性取得一些合適的平衡。經考慮過全部因素後，本庭認為販運NN二甲基安非他明的罪行量刑基準應該是販運同等份量“冰”毒的量刑基準的60%。" }

{ "en": "On the basis of the above approach, the appropriate starting point of sentence for illegal trafficking of about 4,680 grammes of ‘Ice’ should be 25 years and that for illegal trafficking of about 4,680 grammes of NNDMA should then be 15 years.", "zh-HK": "以上述處理方法，非法販運約4,680克“冰”毒的適當量刑基準為25年而非法販運約4,680克NN二甲基安非他明的適當量刑基準則應為15年。" }

{ "en": "The potency of NNDMA and that of ‘Ecstasy’ are alike. As said above, the median figure of the comparison between NNDMA and ‘Ice’ in terms of the stimulant effect is not far from the figure in respect of the comparison between ‘Ice’ and ‘Ecstasy’. And the lethal effect of NNDMA is even 5 times more than that of ‘Ecstasy’.", "zh-HK": "和“忘我”比較，NN二甲基安非他明的毒性相約。如上文所述，NN二甲基安非他明能導致的興奮作用和“冰”毒相比的中位數和“忘我”相差不遠，而其致命毒性更較“忘我”高逾五倍。" }

{ "en": "According to HKSAR v Lee Tak-kwan [1998] HKLRD 46, the appropriate starting point of sentence for illegal trafficking of over 800 grammes of ‘Ecstasy’ is already 8 years upwards. If the quantity of ‘Ecstasy’ is 4,600 grammes, the appropriate starting point should not be below 15 years. In fact, the Court of Appeal held in HKSAR v Chui Chi-wai [2000] 1 HKLRD 704 that the starting point for trafficking in the region of 4,400 grammes of ‘Ecstasy’ should be 15 years. We cannot lose sight of the fact that the tariffs for sentence for illegal trafficking of ‘Ecstasy’ have been greatly increased by the Court of Appeal in June 2008. In Hii Siew-cheng, Wong Yat-san mentioned above, the Court of Appeal set the starting point for trafficking exceeding 1,000 grammes of ‘Ecstasy’ at 14 years upwards. If applying the starting point in Hii Siew-cheng, Wong Yat-san to the present case where the quantity is over 4,600 grammes, the appropriate starting point would certainly be exceeding 20 years.", "zh-HK": "根據HKSAR v Lee Tak Kwan [1998] HKLRD 46案，非法販運800克以上的“忘我”，適當的量刑基準已超過八年。假若“忘我”份量達4,600克，適當的量刑基準不應低於15年。事實上在HKSAR v Chui Chi Wai [2000] 1 HKLRD 704案，上訴法庭認為涉及約4,400克的“忘我”販毒罪行，量刑基準應為15年。本庭不能忽視非法販運“忘我”的罪行判刑，在2008年6月被上訴法庭大幅度提升。在上述許守城、黃日新案，上訴法庭將販運超過1,000克“忘我”的量刑基準定為超過14年。假若將許守城、黃日新案的量刑基準施用於本案，以超過4,600克而言，適當的量刑基準必然超過20年。" }

{ "en": "As the offences in the present case were committed in March 2007 prior to the date of judgment of Hii Siew-cheng, Wong Yat-san, it might result in injustice to the two applicants in the instant case if the starting point of sentence in that case were to apply to them. We are of the view that, in taking the approach which is more favourable to the two applicants, the starting point for trafficking illegally in 4,680 grammes of NNDMA should be 15 years’ imprisonment instead of 18 years. As a result, the starting point of 18 years taken by the trial judge is manifestly excessive.", "zh-HK": "本案在2007年3月干犯，較許守城、黃日新案的判案日期為早，因此將該案的量刑基準施用於兩名申請人對他們可能構成不公。本庭認為以對兩名申請人較有利的處理方法，非法販運4,680克NN二甲基安非他明罪行應導致的量刑基準應為15年監禁而非18年，因此原審法官採納的18年屬明顯過重。" }

{ "en": "But we must emphasize that should the situation of the abuse of NNDMA become more serious, the court may be required to increase the relevant starting point so as to reflect the resolve of the courts to combat the crime of drug trafficking.", "zh-HK": "但本庭須強調，假若濫用NN二甲基安非他明的情況惡化，法庭可能需要將有關量刑基準加重以反映法庭打擊販運毒品罪行的決心。" }

{ "en": "We grant leave to the two applicants to appeal against sentence and, treating the applications as the appeal proper, we allow their appeals. On the first charge, the sentence of both applicants of 18 years is reduced to 15 years. The 6 months’ imprisonment imposed on Ngan for the second charge is also ordered to run concurrently with the 15 years imposed for the first charge.", "zh-HK": "本庭批准兩名申請人就判刑上訴。本庭視其申請為正式上訴，並判其上訴得直。就首項控罪，兩名申請人的刑期都由18年減至15年。就第二項控罪，顏家俊被判的6個月刑期亦和首項控罪的15年刑期同期執行。" }

{ "en": "Conclusion", "zh-HK": "結論" }

{ "en": "We dismiss Tsui’s application for leave to appeal against conviction out of time but we grant leave to Ngan and Tsui to appeal against sentence and treat their applications as the appeal proper. We allow their appeals and substitute their sentences as set out above.", "zh-HK": "本庭駁回徐偉勝就定罪的逾期上訴許可申請，但批准顏家俊和徐偉勝就判刑的上訴許可申請，並視他們的申請為正式上訴。本庭裁定他們的上訴得直，並將他們的刑期改判如上。" }

{ "en": "Mr. Robert S K Lee, SC, SADPP & Mr. Chiu Wai Tin, Senior Public Prosecutor of the Department of Justice, for the Respondent.", "zh-HK": "答辯人：由律政司高級助理刑事檢控專員李紹強資深大 律師及高級檢控官趙偉天代表。" }

{ "en": "Mr. Kan Ting To, instructed by Messrs. Foo & Li, assigned by the Director of Legal Aid, for the 1st Applicant (re sentence).", "zh-HK": "第一申請人（刑罰）：由法律援助署委派李鳳翔律師事務所轉聘大律師簡定濤代表。" }

{ "en": "Mr. Andy Hung, instructed by Messrs. Lo, Wong & Tsui, assigned by the Director of Legal Aid, for the 2nd Applicant (re sentence).", "zh-HK": "第二申請人（刑罰）：由法律援助署委派盧王徐律師事務所轉聘大律師孔慶碩代表。" }

{ "en": "The 2nd Applicant (re application for leave to appeal against conviction out of time) in person, present.", "zh-HK": "第二申請人（定罪逾期申請）：無律師代表，親自應訊。" }

{ "en": "DECISION ON COSTS", "zh-HK": "訟費判決書" }

{ "en": "Hon Pang JA (giving the Decision on Costs of the Court):", "zh-HK": "上訴法庭法官彭偉昌頒發上訴法庭訟費判決書：" }

{ "en": "The 1st Appellant (A1) and her husband (A2) jointly faced a charge of “fraud”. They were convicted after trial and sentenced to imprisonment for 22 months and 25 months respectively. Both of them then appealed against their convictions. After the hearing, this Court dismissed A2’s appeal but allowed A1’s appeal quashing both her conviction and sentence.", "zh-HK": "第一上訴人（A1）及其丈夫（A2）共同面對一項‘欺詐’罪，經審訊後被定罪，分別處入獄22個月及25個月，二人繼而就定罪提出上訴。聆訊過後，本庭駁回A2的上訴，但裁定A1上訴得直，定罪與判刑一併取消。" }

{ "en": "Overview of the case", "zh-HK": "案件概覽" }

{ "en": "The facts of the present case and the reasons for allowing A1’s appeal can be seen in the judgment handed down by this Court on 19 November 2021. In short, the prosecution alleged that A1, a civil servant, in her application for housing allowance dishonestly made a false declaration that A2 had not been receiving any housing allowance from his employer. Based on the long term marriage between A1 and A2 for over 20 years and the reply received in response to the request made by the Treasury to A1 for documentary proof, the trial judge held that A1 knew of A2’s receipt of his housing allowance. However, this Court found the analysis of the trial judge unsafe, under which there was insufficient evidence to prove A1’s knowledge.", "zh-HK": "本案案情，以及A1上訴得直的理由，見本庭在2021年11月19日頒下的《判案書》。簡言之，控方指身為公務員的A1在申請房屋津貼時不誠實地虛假聲明A2沒有從他的僱主領取房津，原審法官則基於A1與A2二十多年的婚姻關係，以及庫務署要求A1提供文件證明時所得到的回覆，裁定A1知道A2在領取房津。然而，本庭認為原審法官的分析有欠穩妥，在他分析下的證據不足以證明A1知情。" }

{ "en": "Application for costs", "zh-HK": "訟費申請" }

{ "en": "A1 now applies for costs of the trial, the bail application and the appeal.", "zh-HK": "A1現申請包括原審、保釋申請、以及上訴的訟費。" }

{ "en": "A1 submitted that according to the judgment of this Court, there was actually not sufficient evidence to prove her knowledge of A2’s conduct. The cautioned statement of A2 could even show that A1 had been deliberately kept in the dark. The fact that A1 elected not to give evidence and made no statement under caution was only an exercise of her right of silence, which did not amount to bringing suspicion on herself.", "zh-HK": "A1認為，根據本庭的裁決，案中實沒有足夠證據證明她對A2的行為知情。A2的警誡供詞甚至能顯示A1是被刻意蒙在鼓裡。A1不作供，沒有在警誡下作任何陳述，只是行使緘默權，不構成自招嫌疑。" }

{ "en": "Respondent’s stance", "zh-HK": "答辯人立場" }

{ "en": "The Respondent objected to the application for costs of the trial, for the reason that having twice been requested by the Treasury, in 2000 and 2017, to provide documentary confirmation by A2’s employer that A2 did not receive any housing allowance, A1 never explained why such document could not be provided but only indicated by her memo reply that there was difficulty in obtaining the same. She even challenged the Treasury by asking for the basis on which she was requested to produce such document (see exhibits P9 and P51). In the Respondent’s view, A1, being arrogant and uncooperative, had actually brought suspicion on herself.", "zh-HK": "答辯人反對原審訟費申請。理由是，庫務署分別於2000年及2017年兩度要求A1提供A2僱主確認A2沒有領取房津的文件，但A1卻從沒解釋為何不能提供，其回覆便箋只表示有困難獲取文件，並以反問形式質問庫務署向她索取文件的基礎（見證物P9及P51）。答辯人認為，A1既態度囂張，又不合作，實屬自招嫌疑。" }

{ "en": "Taking one step back, the Respondent submitted that even if A1 were to be awarded the costs of the trial, given that the facts and points of law in the present case were not complicated, the main issues in dispute were factual, and the evidence involved was not complex, which could all be dealt with by one counsel, A1 should therefore be allowed the costs of only one of the counsel and that of the solicitors at the trial.", "zh-HK": "答辯人退一步陳詞，指即使A1可獲發原審訟費，但本案的案情和法律議題並不複雜，主要的爭議點均屬事實範疇，而且牽涉的證據也不繁雜，一名大律師當可勝任辦理，因此A1只應獲得原審其中一位大律師和事務律師的費用。" }

{ "en": "The Respondent also did not object to A1 being awarded the costs of the bail application and the appeal, save that the costs should similarly be confined to only one counsel and the solicitors.", "zh-HK": "答辯人亦不反對A1獲發保釋申請及上訴的訟費，但同樣認為當中的費用，只應限於一名大律師和事務律師。" }

{ "en": "Appellant’s counter-argument", "zh-HK": "上訴人反駁" }

{ "en": "A1 argued against the above submissions of the Respondent, contending that two documents in 2000 (exhibits P9 and P10) both showed that the two sides had other communications in addition to written correspondence. P10 even directly pointed out that A1 had indicated that A2’s employer had refused to provide any documentary proof.", "zh-HK": "A1反駁答辯人以上的陳詞指，2000年的兩份文件（證物P9和P10），均顯示雙方有書面以外的溝通，P10更直接指出A1曾表示A2的僱主拒絕提供文件證明。" }

{ "en": "Discussion", "zh-HK": "討論" }

{ "en": "In general, unless there are positive reasons, an acquitted defendant should be entitled to the costs. The positive reasons include: the defendant’s own conduct which has brought suspicion on himself, that the defendant has misled the prosecution into thinking that the case against him is stronger than it really is, and that the defendant is acquitted on a technicality, etc (Tong Cun Lin v HKSAR (1999) 2 HKCFAR 531, at page 535D-H). The conduct which can be taken into consideration is not limited to the defendant’s conduct during the investigation and at trial, but also include the conduct which forms part of the setting for the charges laid against him (Ting James Henry v HKSAR (No 2) (2007) 10 HKCFAR 730, para 16). Therefore, the communication between A1 and the Treasury regarding provision of documents could also be taken into account.", "zh-HK": "一般而言，除非有確實理由，一名被判無罪的被告應獲發訟費。確實理由包括：被告的行為自招嫌疑、誤導控方使其認為所擁有的證據比實際為強、以及被告是否因技術理由而獲判無罪等（Tong Cun Lin v HKSAR (1999) 2 HKCFAR 531，第535頁D-H）。可考慮的行為不局限於被告被調查或審訊期間的行為，亦包括構成控罪背景的行為（Ting James Henry v HKSAR (No 2) (2007) 10 HKCFAR 730，第16段）。因此，A1與庫務署就提供文件而進行的溝通，可作考慮。" }

{ "en": "This Court has referred to exhibits P9 and P10 at para 26 in our judgment. The relevant part shows that A1 has correctly countered the Respondent’s submissions:", "zh-HK": "本庭在本庭的《判案書》第26段提到證物P9和P10的內容。有關的內容顯示，對於答辯人的陳詞，A1的反駁是正確的：" }

{ "en": "“… The first paragraph in P9 showed that before the two parties commenced their written communication, [A1] had talked over the phone with a staff of the Treasury. After receiving P9, the same staff of the Treasury expressed in the last paragraph at P10: ‘You advised that your spouse’s employer refused to provide you and your spouse with the requisite documentary evidence.’ …”", "zh-HK": "「… P9的第一段顯示，雙方在展開書面對話之前，[A1]曾和庫務署的職員通過電話。在收到P9之後，庫務署的同一位職員則在P10的最後一段表示：“You advised that your spouse’s employer refused to provide you and your spouse with the requisite documentary evidence。” …」" }

{ "en": "However, the above explanation in relation to the refusal of A2’s employer to provide the proof was simply inconsistent with the facts. The employer not only did not refuse, but in fact issued a letter confirming the payment to A2 of a monthly sum as housing allowance without usage restriction (exhibit P106). The fact that A1 applied for the government housing allowance while A2 was enjoying private housing allowance, coupled with the explanation recorded in P10 which is inconsistent with the facts, obviously aroused suspicion.", "zh-HK": "然而，上述有關A2的僱主拒絕提供證明的解釋，根本與事實不符，因為該僱主不但沒有拒絕，而且還應要求發信確認每月向A2發放一筆沒有規定用途的房津（證物P106）。A1在A2正受惠於私人房津的同時照樣申請政府房津，再加上P10所紀錄並與事實根本不符的解釋，顯然引人懷疑。" }

{ "en": "Although A1 might have been misled by A2 and hence applied for housing allowance and gave explanation which is inconsistent with the facts, it does not mean that such conduct did not amount to her bringing suspicion on herself. As it was said in HKSAR v Rahman Md Sheikh Mojibur [2020] HKCA 53, at para 26:", "zh-HK": "雖然A1可能是因為受到A2誤導而申領房津及作出不符事實的解釋，但這不等於其行為並非自招嫌疑。如HKSAR v Rahman Md Sheikh Mojibur [2020] HKCA 53 第26段所說：" }

{ "en": "“… Whether or not the defendant brings suspicion on himself and/or results in the prosecution being misled does not logically depend on the defendant’s state of mind.”", "zh-HK": "“… Whether or not the defendant brings suspicion on himself and/or results in the prosecution being misled does not logically depend on the defendant’s state of mind.”" }

{ "en": "Furthermore, A1 has given no explanation on the content of P10 and the charge before and during the trial. She did not explain, perhaps because she might not wish to make any accusations against her husband; however, this is not a good reason for her to be awarded the costs when she has brought suspicion on herself. As in Rahman Md Sheikh Mojibur, at para 26:", "zh-HK": "進一步說，A1在審訊前和審訊期間均沒有就P10的內容和控罪作出解釋。A1不解釋，或許是因為不想對丈夫作出指控，但在自己的行為引起懷疑下，這並非應該獲發還訟費的理由，就如Rahman Md Sheikh Mojibur 案第26段另有所述：" }

{ "en": "“… we should deal with Mr Chan’s argument that there may have been a good reason for the applicant not to disclose his mobile telephone business dealings ... The notion that a defendant may properly make a claim for reimbursement from public funds despite not disclosing that he had been cheating the Inland Revenue Department does not sound a very equitable one, even in a criminal context where the scales are necessarily tilted in favour of the defence …”", "zh-HK": "“… we should deal with Mr Chan’s argument that there may have been a good reason for the applicant not to disclose his mobile telephone business dealings ... The notion that a defendant may properly make a claim for reimbursement from public funds despite not disclosing that he had been cheating the Inland Revenue Department does not sound a very equitable one, even in a criminal context where the scales are necessarily tilted in favour of the defence …”" }

{ "en": "We agree that A1 has brought suspicion on herself and should not be awarded the costs of the trial.", "zh-HK": "本庭同意A1是自招嫌疑，不應獲發原審訟費。" }

{ "en": "The Respondent does not object to A1 being awarded the costs of the bail application and the appeal, save that the counsel’s fees should be confined to that of only one counsel. This appeal involves whether, from the many years of marriage of the two appellants and the content of A1’s memo reply to the Treasury regarding the provision of documents, it could be inferred that A1 had knowledge of her husband’s receipt of housing allowance. The disputes in the case are not particularly easy to deal with, and this Court has eventually found the trial judge’s analysis unsafe. Therefore, it is not unreasonable for A1 to have engaged two counsel, including one senior counsel, to deal with the appeal.", "zh-HK": "答辯人不反對A1獲發保釋申請及上訴訟費，但認為大律師費用應限於一名大律師。本上訴涉及可否從兩名上訴人多年的婚姻關係，以及A1就提供文件而以便箋回覆庫務署的內容，推斷她對丈夫領取房屋津貼的事知情，箇中的爭議並不特別容易處理，而且本庭最終也認為原審法官的分析有欠穩妥。因此，A1聘用兩名大律師處理上訴，其中一名為資深大律師，並非不合理。" }

{ "en": "Decision", "zh-HK": "判決" }

{ "en": "This Court rejects A1’s application for costs of the trial, but orders that she be entitled to the costs of the bail application and of the appeal, including the fees of two counsel, with such costs to be taxed by a master if not agreed.", "zh-HK": "本庭拒絕A1原審訟費的申請，但下令她可獲發保釋申請以及上訴的訟費，包括兩名大律師的費用，金額由雙方自行同意，否則交由聆案官評定。" }

{ "en": "Mr Eric Wan, instructed by Louie Chan & Co., for the 1st Appellant", "zh-HK": "第一上訴人：由陳漢光律師事務所轉聘溫家榮大律師代表" }

{ "en": "Miss Peggy Leung, Senior Public Prosecutor, of the Department of Justice, for the Respondent", "zh-HK": "答辯人：由律政司高級檢控官梁寶琦女士代表" }

{ "en": "Hon Pang JA (giving the Reasons for Judgment of the Court):", "zh-HK": "上訴法庭法官梁紹中宣讀上訴法庭判案書:" }

{ "en": "This is an appeal from the Court of First Instance of the High Court. The applicant was convicted after trial of one count of trafficking in dangerous drugs involving 1,008 grammes of a crystalline solid containing 997 grammes of ICE, 95 tablets containing 1.38 grammes of methamphetamine and 3.31 grammes of herbal cannabis. He was sentenced to 22 years’ imprisonment by the trial judge (Deputy High Court Judge D Yau). He applied for leave to appeal against conviction.", "zh-HK": "上訴許可申請人曾震宇於本年1月4日在高等法院原訟法庭承認兩項強姦罪名，即控訴書上的第一項和第十項控罪。申請人原本是被控十項強姦罪名。高等法院原訟法庭彭鍵基法官判申請人每罪入獄8年，同期執行，即共入獄8年。申請人現申請上訴許可，要求減刑。" }

{ "en": "The Facts", "zh-HK": "根據申請人承認的事實，他犯案的經過是這樣：" }

{ "en": "The detailed facts of this case are of little significance. Broadly speaking, on the night of 7 August 2015, the applicant returned to Hong Kong from the Mainland, and at Lo Wu Control Point, Customs officers found in his underpants and his sling bag the dangerous drugs in question. Under caution, he admitted that he delivered ICE for others for a reward of $500, and that he would telephone a person called “Wong Sam” upon his return to Hong Kong. On the night of 8 August of the same year, the applicant made further admissions under caution.", "zh-HK": "本案的受害人是一名14歲的女童，她和母親及申請人同住於屯門山景邨一單位，申請人是女童母親的男朋女，女童視申請人為長輩。1998年7月某日早上，女童的母親已上了班，但女童還未起床，因為當時正是學校暑假。申請人趁女童的母親不在家，叫女童到他的床上與他同睡，女童依吩咐上申請人床上跟申請人同睡。期間，申請人先撫摸她的胸部並且告訴她，這是申請人與她母親同睡時的習慣。後來申請人叫女童和他性交，但遭女童拒絕。於是申請人要女童脫去衣服，隨後，申請人在女童不願意的情況下，強行與女童發生了性關係。" }

{ "en": "Prosecution and defence cases", "zh-HK": "到1998年10月間的一個早上，申請人叫女童到他的房間，在那裡，申請人在未經女童同意及知道她不會同意的情況下，與女童發生性關係。女童事後離家出走。後來被警方尋回。申請人向她承諾不會再侵犯她，叫她不要將事情告訴別人。女童沒有向她母親投訴，只是與同學提及這事。同學將這事告訴學校的社工。社工知悉後，報警將申請人拘捕。申請人在警誡供詞中承認強姦女童。" }

{ "en": "The prosecution submitted that the applicant brought dangerous drugs into Hong Kong without lawful authority. Such an act constituted trafficking. His admission that he would be handing over the dangerous drugs to others made this more so. The mentioning of ICE, in particular, in his cautioned statement, proved that he knew he was conveying dangerous drugs.", "zh-HK": "法官判刑時指申請人在女童家中的身分形同女童的長輩，以長輩強姦後輩實屬可恥。法官對強姦案的判刑有以下的解說：" }

{ "en": "The applicant testified that he thought he was “travelling with parallel goods” or “carrying electronic parts across checkpoints” for Wong Sam, and he would return the stuff to that man upon his return to Hong Kong. He testified that when being searched, he only said, “Got busted this time”, but he never mentioned carrying ICE for others for a reward. Conversely, he claimed that he had asked the Customs officer what had been found and the latter answered, “It might be ICE”.", "zh-HK": "『強姦嘅案件 ─ 尤其是強姦兒童嘅案件係非常嚴重嘅案件，法庭喺宣判呢一類型嘅案件係絕不會姑息、手軟。本席考慮到呢一件案件嘅背景同埋特殊嘅情況，就將起點定為8年。但係亦都考慮到你喺呢段時間（3個月裡面）係多次強姦呢位女孩，同埋亦都係以長輩身分欺騙呢個女童話只此一次，當然，事實上發生之後唔係，仲有好多次添。對呢個女童嘅打擊不言而喻，因為經過你嘅侵犯之後，佢亦都曾經離家出走。" }

{ "en": "The applicant went on to explain in court that Wong Sam and he were parallel goods traders. They had known each other for some time. He, on this occasion, at the request of Wong Sam, went to meet with the latter in Shenzhen. During this time, Wong Sam made him drink a canned drink. After that, the applicant became confused and felt someone tying something underneath his underpants. In confusion, he was then taken to the entrance of the checkpoint and was told to take the sling bag in question to Hong Kong.", "zh-HK": "至於你話你個女朋友喺信方面原諒你，呢個本席亦都完全唔考慮，點解呢？因為受害人係佢個女，唔係佢個媽媽，你寫信畀受害人要求佢原諒只不過本席睇嚟係一個事後方面作出嘅補救，於事無補。" }

{ "en": "The applicant said that he did unzip the sling bag to take a look but only saw melon seeds for human consumption. He had put his hand over his underpants briefly but felt nothing different from the usual electronic parts. As regards his admissions under further caution (in the video-recorded interview) and all the details relating to the actual smuggling of ICE, they were fabricated by the Customs officer(s) and forced on him by various improper means. In any case, he was still confused then and did not recover until two days later in Lai Chi Kok Reception Centre.", "zh-HK": "有鑑於本案存在咗一啲特殊嘅因素，本席將起點由8年增加至12年。" }

{ "en": "Course of the trial", "zh-HK": "至於你大律師指出你深感後悔，同埋亦都係坦白承認控罪，本席當然需要畀你一個折扣，而呢個折扣就係一個三分一嘅折扣。除此之外，本席睇唔到有其他嘅求情因素或者有其他因素需要令本席再將刑罰遞減，本席就宣判你係需要入獄8年。』" }

{ "en": "Given the simple facts of this case, though the prosecution called eight prosecution witnesses (who were all Customs officers) and the applicant elected to give evidence, the entire course of the trial proper (from empanelment of the jury to the completion of the trial judge’s summing-up) only lasted for about two and a half days (from 10 am on 14 December to 11:30 am on 16 December 2016).", "zh-HK": "上訴理由是：" }