HKSAR v. NG HON PIU

HCCC325/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 325 OF 2011

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

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COURT: The defendant is convicted after trial of one charge of trafficking in dangerous drugs. That is, 54.37 grammes of a crystalline solid containing 53.56 grammes of methamphetamine hydrochloride, 14.68 grammes of a mixture containing 9.62 grammes of heroin hydrochloride, 1.39 grammes of a solid containing 1.32 grammes of cocaine, and 120 tablets containing 0.8 grammes of nimetazepam.

He was found to be in possession of those drugs in a hotel room which was used as a divan by drug addicts.

The defendant is now aged 53, married, with a 14-year-old son. He has nine previous convictions, two of which are drug related, but none related to drug trafficking. The last conviction or date of sentence was on 8 April 2011 for gambling. He received two days’ imprisonment.

Looking at the “Ice” itself, 53.56 grammes, it falls within the 10 to 70 grammes bracket for sentencing, ie 7 to 10 years, and adding up the heroin and cocaine together, it is around 10.94 grammes, which falls within the 10 to 50 grammes sentencing bracket, attracting a starting point of 5 to 8 years.

In this sentencing exercise I consider the nimetazepam an insignificant amount.

I have taken into account the facts of this case and all the mitigation which could have been said by your counsel on your behalf.

I adopt a combined approach of sentencing. Taking into account the total narcotics of “Ice” and heroin was just around 64.5 grammes, I consider a starting point of 9 years is appropriate.

That is the sentence I pass.