COURT: Madam, you have pleaded guilty at the first available opportunity, that being before the Magistrate, to one offence of trafficking in dangerous drugs, namely 82.09 grammes mixture containing 49.78 grammes of heroin, one offence of possession of 0.63 grammes of a crystalline solid containing 0.62 grammes of methamphetamine hydrochloride and 60 millilitres of a liquid containing 0.14 grammes of methamphetamine.
You have today confirmed those pleas of guilty and confirmed your admission of the facts relating to those offences. Briefly, for the record, what happened is this. At approximately 10:17 hours on 26 November last, you returned to Hong Kong in a vehicle which Customs officers searched.
You were searched and the officers found two condoms containing 269 packets containing 43.15 grammes of mixture, of which 26.45 grammes was heroin hydrochloride, secreted in your underwear.
Upon arrest and caution, you admitted it was number 4, and belonged to you. You said you were given the dangerous drugs in the Mainland to deliver to a public toilet in Fanling.
During the course of the inquiries, you discharged two further condoms, one from your vagina and one from your anus. These contained 244 packets which contained 38.94 grammes of mixture, of which 23.33 grammes was heroin hydrochloride.
Therefore, the total drugs involved was 82.09 grammes of mixture containing 49.78 grammes of heroin hydrochloride. You agreed to a controlled delivery. You mobile kept ringing but you did not answer, and it was terminated.
The estimated street value of the heroin was $66,739.17.
Later, and in your presence, a home search was conducted. A male, Ma Wing-yiu, was present. On top of the bedside cupboard in your presence, they found a plastic bag containing the following:
(1) A bag with traces of methamphetamine;
(2) A bag containing 0.51 grammes of crystalline solid, being methamphetamine hydrochloride;
(3) A straw; a piece of foil with 0.12 grammes of crystalline solid containing 0.11 grammes of methamphetamine hydrochloride and;
(4) A lighter.
Next to the box was an inhaling device containing 60 millilitres of liquid containing 0.14 grammes of methamphetamine.
Under caution, you admitted ownership of the dangerous drugs for your own consumption. Then, in a subsequent video‑recorded interview under caution, you admitted, amongst other things, that you received $500 for bringing the four condoms of dangerous drugs.
You have a criminal record. It is certainly not of the worst. You have admitted to four previous criminal convictions, only one of which involved drugs, and that is some 16 years ago.
Mr Chan confirms the details in your antecedent statement. You are 56, born in Hong Kong, educated to P2 and divorced with one son who resides with your husband. According to your antecedent statement, you earn some 1,000 to $2,000 a month as a part-time cleaner, but I understand from Mr Chan that your earnings, in fact, are 3,000 to 3,500 dollars per month. You are not in receipt of any benefit.
You admit to being a methamphetamine abuser. On your behalf, very realistically, Mr Chan said that there was little that could be said by way of mitigation, save to underline the plea of guilty at the first available opportunity. He tells me that you have not seen your son for some time. You have been divorced for many years. That this offence was committed in order to receive the $500.
He referred me to the case of HKSAR v Chung Ping Kun, CA85 of 2014. That case deals with the importation of drugs, or bringing into Hong Kong, drugs and the correct enhancement for that aggravating feature.
In paragraph 9 of the judgment, it is said that up to 250 grammes should attract an enhancement of about 6 months. Mr Chan pointed out that this case, in fact, involved approximately 50 grammes, so somewhat less than 250 and asked me to consider enhancement of about 3 months. I tend to agree with that approach.
I turn now to the sentences. The first charge is that of trafficking. The amount of heroin involved is 49.78 grammes. That is just below 50 grammes. On the tariff scale, that places it in the 5 to 8 years category. I therefore take 8 years as a starting point in that offence.
I enhance the sentence because of bringing the drugs into Hong Kong, by a further 3 months. That is 8 years and 3 months, which would be 99 months. You have pleaded guilty. You are entitled to and will receive a one‑third discount. That takes it to 66 months, that is 5½ years. You will go to prison for 5½ years on the first charge.
In respect of the second charge, this involved possession of methamphetamine for your own use, quite a small amount. In that case, I take a starting point of 12 months’ imprisonment, reduced to 8. You will go to prison for 8 months on that charge. And to apply the principles of totality, that will be served concurrently.
Therefore, Madam, in summary, you will go to prison for 5½ years.