HKSAR v. CHAN CHI MING

DCCC157/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 157 OF 2011

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Reasons for Sentence

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1.  The Defendant pleads guilty to two counts of trafficking in dangerous drug. The police officers were conducting an operation at Ki Lung Street, Sham Shui Po, Kowloon at about 2346 hours on 27 November 2010. The Defendant was seen walking out of 65, Ki Lung Street. The Defendant was intercepted and he was searched. Underneath the waistband of the Defendant’s shorts, the officer found one resealable plastic bag containing 20 packets of heroin. These drugs were the subject matters of Charge 1.

2.  The Defendant was arrested.  He had cash up to the value of $100 and RMB14.5 on his person.  Under caution at the scene, the Defendant admitted that the substance found was heroin and it belonged to him. The Defendant also revealed that he lived at Room No. 3, 2nd Floor, 65 Ki Lung Street.  He was therefore brought back to his residence.

3.  A search warrant was executed inside the Defendant’s flat.  Inside a bedside drawer, the officers found four plastic bags, each containing 61 packets of heroin, paraphernalia including an electronic scale and a roll of plastic bags, as well as two big plastic bags, each containing a large amount of sodium chloride. 

4.  The Defendant was arrested.  During the subsequent cautioned interview, the Defendant admitted that all the heroin seized from his person and his residence belonged to him.  The drugs found in the Defendant’s home were the subject matter of Charge 2. 

5.  Government chemist confirmed that, in total, 42.97 grammes of a mixture containing 36 grammes of heroin hydrochloride was seized from the Defendant.  The estimated street value of the drug seized is HK$32,270.47.  The amount of hydrochloride involved in the 1st charge was 2.61 grammes, and the total weight of the heroin hydrochloride involved in the 2nd charge is 33.39 grammes of heroin hydrochloride.

6.  At all material times, the Defendant possessed all the dangerous drugs seized for the purpose of trafficking.

7.  The Defendant is aged 48.  He has 13 previous convictions with two related to possession of dangerous drug and one related to possession of Part I poison.  The Defendant is a drug addict himself.  He received education up to Form 5.  He separated from his wife and he lived by himself.  He was unemployed prior to the arrest and relied on CSSA assistance for his living.  According to Mr Liu, solicitor for the Defendant, the Defendant committed the offence because he wanted to earn some quick money.

8.  Trafficking in dangerous drug, in particular heroin, is always regarded as a very serious offence.  According to the established sentencing guideline as laid down in the case of Lau Tak Ming, trafficking of heroin in the region of 10 to 50 grammes would attract a sentence in the region of 5 to 8 years. 

9.  As a total of 36 grammes of heroin was involved in the present case, I adopt an overall starting point of 7 years’ imprisonment.  Giving the Defendant one-third discount for his plea of guilty, the sentence is reduced to one of 4 years and 8 months’ imprisonment. This would be the sentence in respect of Charge 2.

10.  In respect of the offence in Charge 1, I adopt a starting point of 30 months’ imprisonment.  Giving the Defendant one-third discount for his plea of guilty, the sentence is reduced to one of 20 months’ imprisonment. 

11.  The sentences in both charges would run concurrently, making a total of 4 years and 8 months’ imprisonment.