HKSAR v. LEUNG TSZ LUN

DCCC 132/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 132 OF 2017

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REASONS FOR SENTENCE

1.  The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is cocaine.

Summary of Facts

2.  About 12:25 a.m. on 3 December 2016, the defendant went through Immigration at the Hong Kong Macau Ferry Terminal in Sheung Wan intending to leave Hong Kong. CO 98368 (PW1) intercepted him at the Customs Departure Hall and an ion-scan test of his possessions showed positive for cocaine.

3.  PW1 and Ag. SCO 98209 led the defendant to a room in the Customs Departure Hall to conduct a search.  From the defendant's left front trouser pocket, PW1 found a resealable plastic bag (P2) wrapped in toilet paper (P3) containing 24 plastic bags which contained a total of 8.28 grammes of a solid containing 6.99 grammes of cocaine (P1).

4.  Under caution, the defendant claimed that around 10:00 p.m. an unknown male put P3 into his pocket when he was playing "Pokemon".

Mitigation & Sentence

5.  The defendant is 24 and has 1 conviction record, which was not related to drugs.  Defence solicitor Mr. TANG informed me that the defendant's parents separated when the defendant was only 2.  He resided with his maternal grandmother during his childhood.  The defendant's parents are both in court today to show support for him.  A bundle of letters was placed before me; their contents are duly noted.

6.  In mitigation, Mr. TANG submitted that the defendant pleaded guilty to the charge on the basis of his exporting act.  On the other hand, the entire quantity of the cocaine found on the defendant was intended for his own consumption.  Prosecuting counsel Mr. WEI indicated that the prosecution takes a neutral stand on this issue.

7.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v LAU Tak-ming & others [1990] 2 HKLR 370).  For up to 10 grammes, the sentence ranges from 2 to 5 years' imprisonment.

8.  The defendant trafficked in 6.99 grammes of cocaine.  I adopt 4 years' imprisonment as the starting point.  A one-third discount is given for the guilty plea, reducing the sentence to 32 months.  I have reminded myself of the comments made by the Court of Appeal in SJ v CHAN Chun-fai [2011] 3 HKLRD 116 and HKSAR v MAK Wai-ming [2012] 2 HKLRD 418 on the sentencing of exporting/importing drugs for self-consumption.  The defendant has no drug-related convictions nor has he been sentenced to a Drug Addiction Treatment Centre.  Under caution, he claimed that the cocaine was put in his pocket by an unknown male.  He also claimed to the Customs Inspector in his antecedent statement that he is not a drug abuser.  Today, through his lawyer, the defendant made a bare assertion that the cocaine found on him was intended for self-consumption.  I have no hesitation in rejecting his claim.  I would not grant him any discount in this regard.  I sentence the defendant to 32 months' imprisonment.