HKSAR v. TO WING SZE, CHERRIE

DCCC 33/2025

[2026] HKDC 900

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 33 OF 2025

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REASONS FOR SENTENCE

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The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved was methamphetamine hydrochloride (commonly known as "ICE").

Summary of Facts

2.  On 22 August 2024, the police mounted a "controlled buy" operation against an alleged drug seller named "Ah Dou" whose mobile phone number was 6036 6331 ("the Phone Number").  DPC 23000 (PW1)  was assigned to pose as a customer.

3.  PW1 contacted the user of the Phone Number ("the Seller")  via WhatsApp.  The Seller agreed to sell 3 grammes of ICE to PW1 at $2,500.  They also agreed to meet at a hotel situated at No.53 Hollywood Road in Central ("the Hotel")  at 8:00 p.m. on the same day.

4.  At 8:10 in the same evening, PW1 and the Seller agreed to meet at a 7-Eleven store located across the street from the Hotel ("the Store")  instead.  At 8:15 p.m. on the same day, PW1 saw the defendant standing outside the Store.  He asked the defendant if she was Ah Dou and she nodded.  The defendant then handed a paper bag to PW1, who then gave her $2,500 in marked money ("the Cash").

5.  PW1 opened the paper bag and found that it contained a transparent resealable plastic bag containing ICE (later confirmed to be 2.99 grammes of a crystalline solid containing 2.98 grammes of methamphetamine hydrochloride; E1).  After completing the transaction, the defendant left.  PW1 followed her and informed his teammates.

6.  At 8:16 p.m. on the same day, DPC 24052 (PW2)  intercepted the defendant outside No.70A Hollywood Road. PW1 confirmed to PW2 that the defendant was the person who gave him the paper bag containing E1.  The Cash was found in the defendant's left hand.

7.  DPC 21619 arrested the defendant for "drug trafficking".  Under caution, she apologized and said she just wanted to earn some quick money.  The defendant was taken to a police station.  Upon search, cash in the sum of $14,000 odd and 2 mobile phones were found on her.  One of the 2 mobile phones was using the Phone Number.

8.  In her video recorded interview, the defendant admitted, inter alia, that she purchased E1 at $2,000.  She earned $500 buy selling it to PW1.  She confirmed her WhatsApp messages with PW1 contained in her mobile phone.  She admitted to be the registered owner of the Phone Number.  She also admitted that she had been trafficking in dangerous drugs for less than a year.

Mitigation & Sentence

9.  The defendant is 43 and has a clear record.  Defence counsel Ms. Lau informed me that the defendant has a steady boyfriend and they have a daughter (aged 11).  Prior to her arrest, the defendant was the main income source of her family, working as a part-time beer promoter earning $5,000 to $6,000 per month.  The defendant's boyfriend is 20 years older than her and is not of good health.  He had a stroke 2 years ago.  The defendant also has gynaecological problems.

10.  Drug abuse has been a long-term problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper)  and that drug traffickers (even fresh and/or young offenders)  would most certainly be punished by long-term imprisonment.

11.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ICE (see HKSAR v Tam Yi Chun [2014] 3 HKLRD 691).  For up to 10 grammes of ICE, the sentence ranges from 3 to 7 years' imprisonment[1].

12.  The defendant trafficked in 2.98 grammes of ICE.  Applying a strict arithmetical approach, the appropriate starting point is 50 months' imprisonment.  For ease of calculation, I adopt 48 months as the starting point.  Ms. Lau did not raise any claim for self-consumption as mitigation.  With the timely guilty plea, the sentence becomes 32 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 32 months' imprisonment.

13.  In view of the age and health conditions of the defendant's boyfriend (though not wheelchair bound), I ask the Probation Officer to conduct a welfare visit to her 11-year-old daughter to ensure that the girl is under proper care.