HKSAR v. CHAN HUNG HOI

DCCC 728/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 728 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges before this court. The 1st charge is that of possession of a dangerous drug, contrary to section 8(1)(a) and (2), and the 2nd charge is trafficking in dangerous drugs, contrary to section 4(1)(a) and (3), of the Dangerous Drugs Ordinance respectively.

2.  In respect of the 1st charge, on 14 May 2013 at about 2.30 pm, a police officer intercepted you at the junction of Johnson Road and O’Brien Road, Wan Chai (“The junction”).  He saw you putting something into your mouth.  Under enquiry, you then spat out three packets of dangerous drugs which were the drugs in Charge 1.  The drugs were heroin in the amount of 0.39 gramme of a mixture containing 0.20 gramme of heroin hydrochloride. 

3.  You were arrested, and under caution you said the heroin was for your self-consumption. 

4.  The officer then searched your residence in Shau Kei Wan but did not find anything illegal.

5.  You were granted bail.  Approximately a week later, at the very same junction, the very same officer saw you again.  He intercepted you and he found upon you more drugs.  The drugs were contained in three small packets.  Again one of the packets was kept in your mouth.  You spat out the packet when you were with the officer.  On your person were one electronic scale and six empty plastic bags.

6.  This time, however, the drugs were that of methamphetamine hydrochloride, otherwise commonly known as “Ice”.  You had a total of 3.97 grammes of a crystalline solid containing 3.82 grammes of methamphetamine hydrochloride.  These drugs you have admitted were in your possession for the purposes of trafficking.

7.  Police estimated that the street value of the Ice was about $2,900.

8.  Miss Ada Chan, your solicitor, has made full and thorough mitigation on your behalf before me.

9.  You are 54 years of age and you were born in Hong Kong.  You have a total of 33 previous convictions, six of which are for trafficking in dangerous drugs and 17 of which are for possession of dangerous drugs.  Your last conviction was in March 2010 to which you were sentenced to imprisonment for a total term of 6 years. That was for a charge of trafficking in dangerous drugs to which you were sentenced to 5 years’ imprisonment and a charge of money laundering for 2 years’ imprisonment of which 1 year of that term was to run consecutively to the trafficking charge.  You were released from prison on 25 February 2013.

10.  You committed the first offence in this indictment approximately three months after you were released from prison.  You committed the second offence whilst you were on bail for the first offence.  The fact that you committed the second offence whilst on bail for the first offence is an aggravating factor and the sentenced should be enhanced.  You have an appalling criminal record.  You have six similar previous offences for trafficking in dangerous drugs and 17 similar to the 1st charge of possession of dangerous drugs. A total of 23 of your previous convictions are related to dangerous drugs. 

11.  As Miss Chan has pointed out, at the age of 54 years you have spent much of your life in prison. You are a man who appears that any sentence passed upon you by these courts have had no deterrent effect at all.

12.  The public and the citizens of Hong Kong need to be protected from people like you.  Trafficking, as you know, is a very serious offence.

13.  As Miss Chan has pointed out there are guidelines laid down by the Court of Appeal for trafficking in the dangerous drug, Ice.  You are a repeat offender for possession of dangerous drugs, the courts have also laid down that a sentence of imprisonment is appropriate.  The usual range of imprisonment for possession of a dangerous drug is that between 12 and 18 months.

14.  Defendant this will be your eighteenth conviction for possession of dangerous drugs.  In the circumstances, I adopt a starting point of 18 months’ imprisonment had I convicted you after trial.  However, giving you credit for your plea of guilty, that term shall be reduced to 12 months’ imprisonment. 

15.  For the trafficking in a dangerous drug, for the quantity of drugs that you had in your possession for trafficking, had I convicted you after trial, I would have taken a starting point of 54 months’ imprisonment.  However, in view of your appalling criminal record and the fact that you committed this offence whilst on bail, I consider an enhancement of sentence of 3 months more to be appropriate.  Therefore, I take a starting point of 57 months’ imprisonment.  Giving you full credit for your plea of guilty, that term shall be reduced to 38 months’ imprisonment. 

16.  These two offences were committed on different dates and in those circumstances I consider a partly consecutive and partly concurrent sentence to be appropriate when considering the principle of totality.  In those circumstances I order 28 months of Charge 2 to run consecutive to Charge 1 which makes a total of 40 months’ imprisonment to which you shall be so sentenced.