HKSAR v. CHU YUN KEUNG

DCCC919/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 919 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars of the 1st charge being that you on 13 July of this year outside Block 21, Shek Kip Mei Estate, trafficked in 0.17 grammes of a mixture containing 0.12 grammes of heroin hydrochloride. The particulars of the 2nd charge are that you on the same day, that is 13 July of this year, trafficked in 8.97 grammes of a mixture containing 6.03 grammes of heroin hydrochloride.

2.  The Summary of Facts which you have agreed are extremely straightforward.  What happened was that on the day in question you were caught red-handed by the police, one of whose number posed as a customer to whom you sold a packet of drugs the subject matter of Charge 1 for a sum of $150.  After the sale was completed, the undercover officer revealed his police identity and you were arrested.

3.  After your arrest you were remanded at Lai Chi Kok Reception Centre and over a period of six days, from the 14th to 19 July, on six separate occasions you excreted a total of 42 separate packets of heroin which, under caution, you told police that when you were initially arrested on 13 July you had these 42 packets of heroin in your mouth and, as you were afraid, you swallowed all of them.

4.  I am told by your counsel and it is agreed by the prosecution that you alerted the Correctional Services Department officers to the fact that you had swallowed the drugs which accounts for the fact that they were found as they had put you on special watch.

5.  You are 54 years of age, unmarried, but I am given to understand that you live with your girlfriend who has a son by you. You are a drug addict and one who has been convicted on five separate occasions for drug-related offences. 

6.  It has been put before me by way of mitigation that you committed the present offences due to financial difficulties as you need to support your girlfriend and son.

7.  Whilst you have pleaded guilty to both of these offences and therefore are entitled to the full one-third discount in terms of sentence, it is suggested that I should give you a further discount as you alerted the Correctional Services Department officers to the fact that you had swallowed drugs which obviously facilitated their discovery when you excreted them. 

8.  With respect, I disagree.  This fact does not entitle you to any further discount.  The simple fact of the matter is that you had no choice but to inform the Correctional Services Department officers of the fact that you had swallowed these drugs because by doing so you had put your health at serious risk.  It was not out of any sense of remorse that you informed the Correctional Services Department at all.

9.  The sentencing guidelines for trafficking in heroin are established in R v Lau Tak Ming and Others [1992] HKLR 370, and for quantities of up to 10 grammes the starting point ranges between 2 to 5 years’ imprisonment.

10.  Accordingly, on Charge 1, I adopt a starting point of 2 years’ imprisonment, which due to your plea of guilty I will discount by one-third, coming to 16 months’ imprisonment on Charge 1.

11.  On Charge 2 I adopt a starting point of 3½ years’ imprisonment, which I will similarly discount by one-third, coming to 28 months’ imprisonment, which I will order to run concurrently to the sentence on Charge 1, coming to 28 months’ imprisonment in all.