HKSAR v. TING TSZ FUNG

DCCC 650/2025

[2026] HKDC 594

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 650 OF 2025

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REASONS FOR SENTENCE

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1.  D2 Ting Tsz Fung faces a Charge Sheet dated 16 April 2025 consisting of two charges.  Charge 1 is preferred against D1 Chan Chun Ho alone (who does not appear before me)  and does not concern D2.

2.  Before me, D2 pleaded guilty to Charge 2 which is preferred against D2 only and it is a charge of Trafficking in a dangerous drug, contrary to section 4(1)(a)  and (3)  of the Dangerous Drugs Ordinance, Cap 134.

3.  Particulars of Charge 2 are that D2, on 17 December 2024, on a taxi bearing registration mark KH7573, outside Ching Man House, Ho Man Tin Estate, Ho Man Tin, Kowloon, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 1.24 grammes of a solid containing 1.10 grammes of cocaine.

Facts admitted by D2

4.  On 17 December 2024 at 0005 hours, a male person Chan Chun Ho (“Chan”)  approached a taxi KH7573 outside Ching Man House, Ho Man Tin Estate.  D2 and another male person were seated in the rear passenger seats of the taxi with D2 on the left.  Chan stood adjacent to the left rear door of the stationary taxi.  D2 extended his fist towards Chan.

5.  Police officers previously in ambush turned overt and intercepted the taxi for enquiries.

6.  Upon body search of D2, one piece of tissue paper containing 4 small, re-sealable, transparent plastic bags containing a total of 1.24 grammes of a solid containing 1.10 grammes of cocaine was found inside D2’s fist.

7.  Cash of $9,441 and two mobile phones were seized from D2.

8.  At 0008 hours on same day, D2 was arrested for Trafficking in a dangerous drug at the scene.  Under caution, D2 admitted he had received $1,400 from Chan for his selling of ‘coke’ to Chan.

9.  The estimated street value of the cocaine in this case was about $1,041.

Criminal record

10.  D2 has one previous conviction none similar.

Antecedents

11.  D2 is aged 21 (20 at the time of the offence), educated to Form 3 level.  He has previously worked as a waiter but was unemployed at the time of arrest.

Mitigation

12.  Mr Alan Tang of counsel mitigated on behalf of D2.  The following is a summary of the mitigation submissions.

13.  D2 pleaded guilty at the earliest opportunity.  He is currently employed as warehouse assistant, earning a monthly wage of $17,000 of which he contributed $10,000 to his parents with whom he is living.  His parents are both working as chefs.  D2’s paternal aunt and uncle are in court to give D2 support.

14.  Mr Tang reminded the court of the sentencing approach set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290 for cases of trafficking in a dangerous drug.

15.  The applicable tariff for trafficking in cocaine is set out in HKSAR v Huang Ruifang (No 3) [2025] 2 HKLRD 138, at para 62.  For up to 10 grammes of cocaine, the sentence will fall within the 2 to 5 years bracket. For the 1.1 grammes of cocaine in this case, the arithmetical starting point will be about 27 months[1].

16.  D2 committed the offence foolishly and absurdly – his judgement was clouded by his peers.

17.  He was acting as a courier by selling the cocaine to Chan on this one-off occasion.  No other empty transparent bags or illegal substance were found on D2 or in his residence.

18.  There is no aggravating factor in this case.

19.  Mr Tang submitted that since D2 now has a stable employment, he has turned over a new leaf; that there is no sign he will re-offend.  Mr Tang asked the court to adopt a starting point of 24 months, rather than 27 months, so that D2 may rehabilitate.

20.  Mr Tang submitted on behalf of D2 a total of 3 mitigation letters written in Chinese respectively by D2’s current work supervisor, his work colleague, and a pastor.  The contents generally are that D2 is remorseful for what he did; that he performed his work well; that he is kind person who is willing to help others; that he participated in volunteer work.  The pastor asked for a lenient sentence and a chance for reform for D2.

21.  Mr Tang also submitted a Certificate of Appreciation issued to D2 for his volunteer work in raffle ticket sales in 2025 ie post-offence.

Sentence

22.  Trafficking in a dangerous drug is always a serious offence.

23.  Although D2’s previous conviction was dissimilar, he was punished severely for someone who was only 19 at the time.  Barely 8 months after serving his 26 months’ imprisonment sentence, D2 committed the present offence.  One really found it difficult to understand what he was thinking at the time.

24.  D2 has been on court bail until today.  It seems that he has found a stable employment since January 2025.  Although one could say that D2 is already well set on a road to rehabilitation, it is a fact that the only sentencing option available to him is a substantial term of imprisonment, because of the seriousness of the offence.

25.  I will follow the six-step approach for sentencing a drug trafficker as set out in Herry Jane Yusuph (supra).

26.  The arithmetical starting point for the amount of cocaine in this case is 27.96 months.  I will adopt 28 months’ imprisonment as the initial starting point.

27.  The facts of this case disclose that D2 was an actual trafficker rather than a mere courier.  He was caught in the act of actual selling the drug to Chan.  D2 has actually received payment too.

28.  For this aggravating factor, I will increase the starting point by 2 months to reach a final starting point of 30 months’ imprisonment.

29.  D2 pleaded guilty in good time earning for himself the 1/3 sentencing discount.  There are no other mitigating factors of weight to justify another sentence reduction.

30.  Looking at the overall circumstances of the case which included the use of a taxi in delivering and selling cocaine to a purchaser, I am of the view that the resulting sentence is fair, just and balanced.

(D2, please stand)

31.  The sentence for D2 on Charge 2 is 20 months’ imprisonment.