HKSAR v. CHAU TSZ FUNG

DCCC 541/2025

[2025] HKDC 2057

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 541 OF 2025

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REASONS FOR SENTENCE

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1.  Mr Chau pleaded guilty before me to two charges of Trafficking in dangerous drugs, contrary to section 4(1)(a)  and (3)  of the Dangerous Drugs Ordinance, Cap 134.

2.  Particulars of Charge 1 are that he, on 18 July 2024, outside Twin Regency Tower 2, No 11 Tak Yip Street, Yuen Long, New Territories, in Hong Kong, unlawfully trafficked in dangerous drugs, namely, 1,128 grammes of cannabis in herbal form and 10.75 grammes of a liquid containing 7.63 grammes of tetrahydrocannabinol.

3.  Particulars of Charge 2 are that he, on the same date, at Flat F, 9^th Floor, Twin Regency Tower 2 aforesaid, in Hong Kong, unlawfully trafficked in dangerous drugs, namely 9,731.23 grammes of cannabis in herbal form, 0.05 gramme of a solid containing tetrahydrocannabinol and cannabinol, and 384.32 grammes of a liquid containing 261.46 grammes of tetrahydrocannabinol.

Facts admitted by Mr Chau

4.  On 18 July 2024, at about 3:54 pm, Mr Chau took an elevator from 9/F of Twin Regency Tower 2 to G/F whilst holding two paper bags.  He was intercepted by the police outside Tower 2.  Upon search, the following items were found in the two paper bags:-

From the white paper bag

(a)  One plastic packet containing 500 grammes of cannabis in herbal form;

(b)  One opened packet (with tape/plastic wrappings)  containing 496 grammes of cannabis in herbal form;

From the green paper bag

(c)  18 packets containing a total of 132 grammes of cannabis in herbal form;

(d)  11 devices and 4 cartridges containing a total of 10.75 grammes of a liquid containing 7.63 grammes of tetrahydrocannabinol (being a tetrahydro derivative of cannabinol).

5.  Mr Chau was arrested for the offence of trafficking in a dangerous drug.  Under caution, he stated that the (business of)  cannabis was operated by him.

6.  At about 4 pm, Mr Chau was escorted to Flat F, 9/F, of Twin Regency Tower 2.  He opened the door by inputting the password on the door keypad and let the officers in.  The police executed a search warrant and found the following items in the living room:-

Next to the Dining Table

(a)  A grey recycle bag with “WESTAR” printed on the outside (E1);

(b)  A recycle bag in red, white and blue (E2);

(c)  A black recycle bag with “iEAT” printed on the outside (E3); and

Near the wall outside the bedroom and the toilet

(d)  Three carton boxes (E4, E5 and E6).

7.  E1 to E6 contained (a)  34 plastic bags containing a total of 9,731.23 grammes of cannabis in herbal form; (b)  0.05 gramme of a solid containing tetrahydrocannabinol and cannabinol; and (c)  511 devices and 15 cartridges containing a total of 384.32 grammes of liquid containing 261.46 grammes of tetrahydrocannabinol.

8.  Some packing tools including electronic scales, resealable bags, pumping equipment, pumping tubes, needle tubes, carts filler, temperature panel and packing bags of SF Express were found in the flat.

9.  Under caution for the dangerous drugs found in the flat, Mr Chau stated that all cannabis in herbal form and the oil in the flat belonged to him.

10.  Other than the above items, Mr Chau was also found to be in possession of two mobile phones and cash of $3,000.

11.  In two VRIs, Mr Chau stated:-

(a)  He wanted to earn some quick money to repay his debts and therefore he participated in the selling of cannabis;

(b)  He had stored the cannabis in the flat for one or two days only;

(c)  He went to the flat to visit his girlfriend who was the tenant there;

(d)  The cannabis and cannabis oil belonged to him; he moved those things to the flat a few days ago, telling his girlfriend that they were household goods which would be removed in a few days’ time;

(e)  He was unemployed; he intended to sell the cannabis, cannabis oil, and vapes at around $700 to $800 each;

(f)  He had the password to the flat and he occasionally visited his girlfriend at the flat;

(g)  The iPhone with telephone number 6465 xxxx was used for drug trafficking purpose; the other one was his personal mobile phone; and

(h)  He used the electronic scales and the bags for packing cannabis.

12.  CCTV showed that on 15 July 2024, Mr Chau carried several carton boxes to Twin Regency alone.  It also showed that on 18 July 2024, at about 2:46 pm, Mr Chau left Twin Regency with a recycle bag; and later at about 3:15 pm, Mr Chau returned with a red paper bag.

13.  The street value of the cannabis (in herbal form)  found in the present case was just over $2 million.

14.  Mr Chau now admits he possessed the dangerous drugs for the purpose of unlawful trafficking.

Criminal record

15.  Mr Chau has a clear record.

Antecedents

16.  Mr Chau is aged 27 (25 at the time of the offences), educated to Bachelor’s degree level, unemployed.  Mr Chau resided in private housing with his mother.

Mitigation

17.  Mr Chau is unpresented and mitigated on his own behalf.  The following is a summary of his mitigation submissions.

18.  During remand, Mr Chau constantly reflected upon what he did when he was immature.  He reminded himself to bear responsibility and to turn anew.  He hopes he can face himself and his family which will support him.  He has applied to study a few courses (certificates refer).  He really wants to be a better person and to lead a better life in society.

19.  Mr Chau hopes the court will exercise its discretion and pass a lenient sentence so he may reunite with his family earlier.

20.  Mr Chau submitted a total of 6 mitigation letters written in Chinese by respectively Mr Chau himself (with English translation), his father, his mother, his fiancée, his elder sister, and a CSD Chaplain.  The contents are generally that Mr Chau committed the offences out of momentary greed because he lost in investments and incurred a debt; that he is regretful and has reflected upon his mistakes; that he promises not to re-offend; that Mr Chau is a kind, sincere and responsible person, and a filial son.  The letter writers other than Mr Chau himself asked for a chance and a lenient sentence for Mr Chau.

21.  Mr Chau also submitted three study certificates showing he has successfully completed three courses while on remand which he said would relate to his future prospective online business.

Sentence

22.  The sentencing tariff for trafficking in cannabis set out in HKSAR v Nguyen Thang Loi [2023] 1 HKLRD 1329 will be followed.

23.  The six-step approach for sentencing an offender of trafficking in dangerous drug(s)  set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 will be adhered to.

24.  First, I will combine the dangerous drugs in the two charges.  The amount of herbal cannabis came to 10,859 grammes.  The amount of tetrahydrocannabinol (THC)  came to 269.09 grammes contained in 395.07 grammes of liquid (cannabis oil)  reflecting a concentration of THC of about 70%.

25.  Although Nguyen Thang Loi did not set out a separate sentencing tariff for cannabis oil (the liquid containing THC), it is noted from the table in para 59 of Nguyen Thang Loi that the average concentration of THC in cannabis oil is 64.5% ie about 3.3 times that of herbal cannabis/cannabis resin.  In other words, for the purpose of sentencing, in order to convert cannabis oil into herbal cannabis, a weight factor of 3.3 should be applied to the weight of cannabis oil (rather than weight of THC).  In the present case, the total weight of cannabis oil is 395.07 grammes; by conversion, this is equivalent to 1,303.73 grammes of herbal cannabis.

26.  When 1,303.73 grammes of herbal cannabis is added to the earlier amount of herbal cannabis (10,859 grammes), the total becomes about 12,163 grammes. This is the figure that I shall use when finding the arithmetical starting point according to the sentencing tariff in Nguyen Thang Loi[1].

27.  For trafficking in (over)  9,000 up to 15,000 grammes of herbal cannabis, the sentencing band is 48 to 66 months.  The arithmetical starting point for 12,163 grammes would be about 57 ½ months’ imprisonment.

28.  However, Mr Chau was not merely a courier or storekeeper.  The evidence shows that he was operating a packaging and distribution centre of dangerous drug (see paras 62-64 of Herry Jane Yusuph).  As such, the starting point must be enhanced.  Bearing in mind the final step in the six-step approach, I will enhance the starting point by 2 ½ months.

29.  Mr Chau pleaded guilty to the charges in good time, earning for himself the full 1/3 sentencing discount.  Having heard Mr Chau mitigate for himself, I am persuaded that he is genuinely remorseful and wants to start afresh as soon as possible.  So, for his previous clear record, I will give him one more month’s discount after the 1/3.  There are no other mitigating factors of weight to justify another sentence reduction.

30.  I am satisfied the sentence thus obtained is just, fair and balanced having regard to the overall circumstances of the offences and the offender.

31.  I will impose individual sentences for the two charges and make an appropriate order to obtain the final aggregate global sentence.

(Mr Chau, please stand)

32.  For Charge 1, the sentence is 8 months’ imprisonment.

33.  For Charge 2, the sentence is 38 months’ imprisonment.

34.  I order that one month of the sentence on Charge 1 do run consecutively to the sentence on Charge 2, making an aggregate sentence of 39 months’ imprisonment.