HKSAR v. CHAU TING FUNG

DCCC 565/2017

[2018] HKDC 468

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 565 OF 2017

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REASONS FOR SENTENCE

1.  Chau Ting Fung you have pleaded guilty to one charge of trafficking in 22.8 grammes of a solid containing 20.3 grammes of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance[1]; and one charge of assaulting a police officer in the execution of his duty, contrary to section 63 of the Police Force Ordinance[2].

2.  Full particulars of the offences are set out in the facts admitted by you today. 

3.  In summary at about 2230 hours on 25 April last year the police intercepted you outside Block 1 of Hang Chui House in Cheung Hang Estate, Tsing Yi.  When PC 9288 showed his police warrant card and requested to conduct a body search you suddenly pushed PC 9288 causing PC 9288 to fall on the ground.  Other police officers subdued you when you tried to escape.  

4.  A body search was then conducted.  The police found in your trouser pocket a cigarette box inside which was a plastic bag containing the cocaine. 

5.  Under caution and in a video recorded interview you admitted, inter alia, trafficking the cocaine for a reward of $3,000.

Mitigation

6.  In passing sentence, I have carefully considered everything said on your behalf by Mr Woon, including that you have a young daughter aged twenty-eight months to take care of, your wife having left you and your daughter, who is now cared for by your family. I take into account that you have no previous convictions. 

7.  I have read the mitigation letters written by your family members; former employer; pastor Lam and Kwong Fung Sim, a volunteer of the religious study group in the prison.  All speak very highly of you as a good son and son-in-law and believe that you can become a good citizen for the rest of your life.   Many are here today to lend their support to you. 

8.  Also submitted to court is a letter from the Hong Kong Tse Clansmen’s Association Limited together with copies of three receipts for donations made to an elderly home on the Mainland.  The letter also refers to your participation in community activities.  Mr Woon informs the court that on over thirty occasions you have delivered lunch boxes to old age homes. 

Trafficking in a dangerous drug

9.  Mr Woon informs the court that you were intercepted on the way home having agreed to store the drugs in your home for a reward of $3,000.  Mr Woon says this was the first time you agreed to store drugs and that you acted solely out of greed. 

10.  The courts have equated for sentencing purposes cocaine with heroin[3].  In R v Lau Tak Ming the Court of Appeal laid down guidelines for trafficking in heroin.  Where the quantity of narcotic is between 10 and 50 grammes sentence falls within the range of 5-8 years’ imprisonment[4].

11.  On a purely mathematical approach a starting point of about 5 years and 9 months’ imprisonment would be appropriate for trafficking in 20.3 grammes of cocaine.  Taking into account your clear record and that you did some voluntary work and made small charitable donations, I am satisfied a starting point of 5 years and 6 months’ imprisonment is appropriate. 

12.  Having indicated on plea day you would plead guilty to this charge you are given full credit for your plea.  You are convicted and sentenced to 3 years and 8 months’ imprisonment.

Assaulting a police officer

13.  Assaulting a police officer is a serious offence which attracts a sentence of immediate imprisonment.  Taking into account the only injury sustained by PC 9288 was an abrasion on his right hand and that he did not need to take sick leave, I am satisfied a starting point of 1½ months’ imprisonment is appropriate.  Giving you full credit for your plea of guilty you are convicted and sentenced to imprisonment for 1 month.

Totality

14.  The assault is separate and distinct from the trafficking charge.  I am satisfied a wholly consecutive sentence is appropriate.  This makes a total sentence to be served by you of 3 years and 9 months’ imprisonment, which I am satisfied properly reflects your criminality on the two charges.