HKSAR v. WONG TING KWOK

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No.653
(Criminal)

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J U D G M E N T

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Stuart-Moore, J.A. (giving the judgment of the Court):

1. On 27th August 1997, this Applicant pleaded guilty in the Magistrates' Court to a charge of trafficking in a mixture containing 85.21 grammes of heroin hydrochloride. On 23rd October 1997, this plea was confirmed in the High Court before Deputy Judge Suffiad, as he then was. The Applicant was sentenced to six years' imprisonment which was ordered to run after nine months of the 19-month sentence he was then serving for trafficking in dangerous drugs and wounding. He now seeks leave to appeal against his sentence, stating that he thinks the term of imprisonment was too long, and adding today that he is studying whilst he is in custody and would like to enter the community as soon as possible to become a useful member of it.

2. The facts could hardly be more straightforward. The Applicant was found on arrest to be carrying a bag that contained 290 packets of heroin together worth $82,834. He admitted that he was a courier for others.

3. This offence was committed while he was on bail for the offences for which he in due course received a 19-month sentence.

4. The trial judge gave full credit for the early plea of guilty, having correctly taken a 9 year starting point. The judge would have been fully justified in making the sentence wholly consecutive to the period of imprisonment already being served because this offence was committed on bail. He took, however, a merciful course and gave the Applicant a partially concurrent sentence.

5. There is not the slightest merit in this application and it is dismissed. We shall order that two months of the period in custody pending appeal shall not be reckoned as part of the sentence. This will have the effect that the sentence which the Applicant will serve will now be slightly longer.