HKSAR v. KONG SIU MING

DCCC 613/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 613 OF 2013

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Reasons for Sentence

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1.  You have been convicted on your own plea of a charge of trafficking in 56.16 grammes of a solid containing 26.33 grammes of cocaine.

2.  This offence took place in the late afternoon of 19 March this year outside the building in which you live in Tin Wah Estate in Tin Shui Wai.  You were stopped by the police as you came out of the main entrance of the building.  The shoulder bag you were carrying contained 170 plastic bags containing cocaine.  When you were arrested, you admitted that you were going to sell the cocaine in order to earn money. 

3.  The police took you back to your home where they found 30 more plastic bags containing cocaine in your underpants.  You claimed that you were going to return those drugs to your supplier because they were of inferior quality.  The police have estimated that the street value of all the drugs involved at that time was over $76,000. 

4.  When you were later interviewed by the police, you explained how you were selling drugs in Yau Ma Tei, Tsim Sha Tsui and Mong Kok from somebody who would pay you $50 to $80 for each bag that you sold.  You collected the bags, the 170 bags that were in your rucksack, from a park late at night the previous day.  You admitted that you were on your way to sell those drugs. 

5.  I need not tell you that trafficking in dangerous drugs is always a very serious offence.  You would have been in no doubt whatsoever that very serious consequences would follow if you were caught trafficking in these drugs, yet despite that you decided to take that risk presumably because of the financial reward that trafficking would bring you. As I am sure Mr Kwong has told you, the normal tariff bang for trafficking in offences of this sort of quantity is a sentence of between 5 and 8 years’ imprisonment. 

6.  You are not a man of previous good character. You have been convicted of 12 offences previously and served terms of imprisonment.  However, I do bear in mind that this is the first drug-related conviction and that you have steered clear of the courts for the last six years.  I have listened to all that Mr Kwong has eloquently said on your behalf.  I particularly bear in mind what he has said about you being a good husband and a good father.  That is borne out by the letters, in particular the letter from the teacher at your son’s school.  You are the sole breadwinner of the family.  By doing what you did, you have badly let your family down and they too will have to bear the penalty for your activities.  As a father, you yourself should have appreciated the effect your activities would have on the children of other men. 

7.  In the light of everything that has been urged upon me by Mr Kwong, I am prepared to adopt a starting point in your case of 5½ years in prison.  You had pleaded guilty, indicating your remorse at what has occurred and therefore you are entitled to the usual discount of one-third.  I accordingly sentence you to 44 months’ imprisonment, that is 3 years and 8 months’ imprisonment.