HKSAR v. DENG QING

DCCC 919/2017

[2018] HKDC 169

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 919 OF 2017

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REASONS FOR SENTENCE

1.  Deng Qing you have pleaded guilty to one charge of trafficking in 6.52 grammes of crystalline solid containing 6.52 grammes of methamphetamine hydrochloride (“ice”), contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.  Full particulars of the offence are set out in the facts admitted by you today.  In summary at around 12:28 p.m. on 5 July last year the police intercepted you outside 1058 Canton Road in Mongkok.  Inside your make-up bag the police found six plastic bags containing the ice. 

Mitigation

3.  In passing sentence, I have carefully considered the written submission of Mr Pun together with your mitigation letter, in which you express your remorse and promise not to commit any wrong again. 

4.  I take into account you have a clear record.  This however carries little weight where you are not a resident of Hong Kong. 

Starting point

5.  In HKSAR v Tam Yi Chun[2] the Court of Appeal recast the sentencing guidelines for trafficking in ice.  The starting point after trial where the quantity of narcotic is up to 10 grammes is between 3 and 7 years’ imprisonment. I am satisfied the proper starting point after trial for trafficking in 6.52 grammes of ice is 5 years and 6 months’ imprisonment. 

Importation

6.  Under caution you admitted that because you were short of money you brought the ice from Foshan in the Mainland for selling to others.   Mr Pun very properly accepts that importation of drugs is an aggravating feature of sentence[3]. 

7.  In the cases of importation that usually come before the court the offender is apprehended at a control point.  I am told by Mr Lo that you entered Hong Kong on 29 June on a two-way permit and was permitted to stay for seven days.

8.  The offence was therefore committed on the last day of your stay and not shortly after your arrival in Hong Kong.  Mr Pun informs the court that you have been to Hong Kong a number of times and in 2017 visited Hong Kong on five to six occasions.   

9.  Without your confession the police would not have known the drugs were brought from the Mainland.  I also note in your possession was only $36.50 and not a large sum of money consistent with repeated selling of drugs.  In all the circumstances and taking into account you have previously been to Hong Kong without committing any offence, I do not enhance the starting point by reason of your importation.   

10.  Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years and 8 months’imprisonment.