HKSAR v. WONG SZE TUNG

HCCC 286/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 286 OF 2014

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

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COURT: Defendant, you entered guilty pleas and admitted the facts of two offences of trafficking in dangerous drugs, before Eastern Magistrates’ Court on 27 June last.

The first charge involved 2.9 grammes of crystalline solid containing 2.88 grammes of methamphetamine hydrochloride, and the second, 8.91 grammes of crystalline solid containing 8.87 grammes of methamphetamine hydrochloride and 41.41 grammes of herbal cannabis.

Formal convictions were entered. You confirmed your plea and admission of the facts on 19 December before this court.

What occurred is this. The police intercepted you and another person on the evening of 13 January of 2014 outside Room 112, Peony House, East Block, 1 to 7 Pok Man Street, Tai Kok Tsui. Upon being searched, you were found to be in possession of a plastic bag of suspected “Ice” inside your left glove. You were arrested and cautioned and you said the drugs were for self-consumption.

A house search later revealed a metal box containing seven plastic bags of “Ice”, seven plastic bags of herbal cannabis, a plastic straw, 105 empty plastic bags, a plastic pot with pipe, one set of scales, two lighters and a record of drug transactions in a notebook. These were inside a drawer in the living room.

Under caution, you said the “Ice” and cannabis were both for trafficking and self-consumption. You used the plastic pot with a pipe, the scales and lighter for inhaling “Ice”. You kept a record of drug transactions in the notebook.

In a subsequent video recorded interview under caution, you said the following: that you resided at the premises; at the time of arrest, you wanted to find customers so you placed the bag of “Ice” inside your glove; the metal and seized dangerous drugs were bought from a male on 12 January 2014; you inhaled “Ice” using the plastic pot with pipe.

Subsequently, the drugs were analysed and revealed the following: the dangerous drugs in your glove (Charge 1) were 2.90 grammes of crystalline solid containing 2.88 grammes of methamphetamine hydrochloride; the dangerous drugs in your home (Charge 2) were 8.91 grammes of crystalline solid containing 8.87 grammes of methamphetamine hydrochloride; also, there was 41.41 grammes of herbal cannabis; the total street value of all dangerous drugs was approximately $10,385.

You admit to one previous conviction for possession of dangerous drugs.

You accept the antecedent statement. It tells me that you are 21 years of age, educated to Form 5 and single. You reside with your aunt. You are in good health and your employment history is as a saleslady and hairstylist, but just prior to arrest you were unemployed.

As one would expect, the probation report is more detailed. It confirms what was said by your counsel and also what was said in the antecedent statement.

It confirms that you had a disrupted childhood, having been brought up by your aunt and uncle after the divorce of your parents. You lost contact with your father and had little contact with your mother. It speaks very well of the care that your aunt has afforded you and I note she is here today to offer her support. You are very lucky to have your aunt.

Your education record is unimpressive.

You have from time to time taken “Ice” with various degrees of dependency. You claim, as is confirmed by your counsel, that you bought the dangerous drugs for self-consumption and sharing with friends.

It would seem that you have a positive commitment to putting yourself right in the future, that you will quit the habit of taking “Ice” and will use your time in prison to study to improve your educational level.

As I have said, and it is important to note, your aunt is very much standing by you. On your behalf, Miss Wong has advanced further mitigation. She referred me to the unhappy relationship with a married man, who seemed to have got you into this trouble. It was a positive step to leave him and return home to live with your aunt.

Miss Wong tells me the basis of your plea of guilty is that you bought these drugs for self-consumption and to share with friends. The friends would then reimburse you the cost of the drugs.

I am prepared to accept that.

It is, of course, impossible to quantify how much of the drugs you would have consumed yourself and how much you would have given to and sold to friends, but I am going to take this into account when I give sentence.

It is a fairly complicated sentencing process.

The following sentences will be imposed.

Charge 1, I take a starting point of 3 years’ imprisonment, reduced to 2 for your plea of guilty.

Charge 2 is based on 8.91 grammes of “Ice” and 41.41 grammes of herbal cannabis. I take a starting point of 6 years, reduced to 4 years.

I make it clear that, effectively, I am disregarding the herbal cannabis not to signify any approval of your dealing in herbal cannabis, but simply because it is of much lesser seriousness compared to the “Ice”.

Had this been an ordinary and normal case of trafficking, the sentences would have been served as the second charge as 2 years and 10 months consecutive to the first charge of 2 years, and 1 year and 2 months concurrent.

However, to take into account the element of self-consumption, I will adjust those sentences to be 2 years and 3 months consecutive and 1 year and 9 months concurrent.

You will therefore serve a total of 4 years and 3 months’ imprisonment.