HKSAR v. NG KWOK YUEN

DCCC 59/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 59 OF 2013

----------------------

---------------------

Reasons for Sentence

---------------------

1.  Ng Kwok-yuen, you have been convicted on your own plea of trafficking in 9.28 grammes of a mixture containing 6.47 grammes of heroin hydrochloride and 26 tablets containing 0.37 grammes of midazolam. These were the drugs that were found in the pockets of your jeans when you were stopped by the police in Pei Ho Street on the morning of 20 November last year. The heroin was in three plastic bags, each of which contained 20 pellets of heroin. The midazolam tablets were in three foil packs.

2.  After your arrest you told the police that you had been promised $1,000 if you delivered the drugs to a park in Tai Kok Tsui, where somebody would approach you and take delivery of the drugs.

3.  You are a man of 37 years of age.  Although this is the first time you have been convicted of the offence of trafficking in dangerous drugs, you had only just been released from Drug Addiction Treatment Centre the previous month following your conviction in February 2012 of the offence of possession of dangerous drugs and possession of implements for consumption of dangerous drugs.

4.  You cannot fail to have been aware that very serious consequences would follow if you were caught trafficking in these drugs, yet you decided to take the risk, presumably because of the financial reward that it would bring. 

5.  You have, I am sure, been told by Mr Fung of the tariffs that are applicable for those who traffic in these sort of drugs.

6.  In this case I am going to adopt a starting point of 3½ years’ imprisonment, which I discount by one-third to reflect your plea of guilty.

7.  You are accordingly sentenced to 2 years 4 months’ imprisonment.