HKSAR v. WONG YIU LAI

HCCC 226/2019

[2020] HKCFI 154

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 226 OF 2019

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

The defendant, Wong Yiu‑lai appeared before me facing one count of trafficking in a dangerous drug.

The offence concerned 47.8 grammes of a solid containing 41.4 grammes of cocaine. He pleaded not guilty to the charge but offered to plead guilty to the possession of a dangerous drug. His plea was not accepted by the prosecution. The jury acquitted the defendant of trafficking by five to two majority verdict. As directed by the court, the jury convicted him unanimously of possession of the drug.

The defendant was arrested by the police at about 0023 hours on 23 September 2018 when he was inside the lobby of No 47, Pitt Street, Yau Ma Tei.

Two plastic bags containing a total of 41.2 grammes of cocaine were found in his right trousers pocket. The defendant told the police under caution that the cocaine was for his own consumption. He bought more as it was cheaper. In a later VRI held, the defendant said he bought the cocaine in question for $32,000, that all the cocaine was to be consumed by him and at the time of his arrest, he was going to consume some of the cocaine in one of the guest houses at No 47, Pitt Street.

In his evidence in court, the defendant said the cocaine in question would have lasted him 40 to 50 days. The urine test on 25 September 2018 was positive for cocaine. The defendant is now 27 years old and he is single. He lived with his retired father.

At the time of the offence he worked as a warehouse worker at the Yau Ma Tei food market earning about $16,000. He also worked as a part-time decoration worker from January to August 2018.

The defendant has one previous conviction in 2012 for using a false instrument. He was sentenced to 240 hours community service. He has no drug-related conviction. I called for DTC report before sentence. The medical officer is of the opinion that the defendant is not a drug dependent and is thus not considered suitable for admission to a drug addiction treatment centre.

In the light of the recommendation of the DTC report, and given the quantity of cocaine involved, the only appropriate sentence is a term of imprisonment. Mr Khosa for the defendant does not argue otherwise.

I have considered the case HKSAR v Chan Tai Wah CACC476/2011, cited by Mr Khosa in his written mitigation. The case HKSAR v Mok Cho Tik CACC165/2000, was considered by the Court of Appeal in Chan Tai Wah. In Mok Cho Tik, Stock JA, as he then was, stated that a sentence of between 12 to 18 months was appropriate for cases in the District Court and the High Court.

In the present case, given the quantity of cocaine involved, an initial starting point of 18 months’ imprisonment is appropriate. For the latent risk factor, I take into consideration the following factors that are in favour of the defendant: That the defendant was in a stable employment; He usually stored the majority of the drug at his home where there was little chance that others would have access to the drug; He has no conviction of trafficking. On the other hand, the defendant was in possession of a very large quantity of cocaine, that is, 41.4 grammes of crack cocaine.

In my judgment, the actual risk of dissemination was low in the present case. An enhancement of 9 months is appropriate.

For the reasons given, I take 27 months’ imprisonment as the starting point. As the defendant offered to plead guilty to possession at the earliest opportunity, he is entitled to the full one‑third reduction.

For the reasons given, I sentence the defendant to 18 months’ imprisonment.