HKSAR v. CHEUNG WING HON

DCCC868/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 868 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to single offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  You admitted the brief facts and I convicted you.  The facts are as follows.  At about 10.33 am on 18 May this year, you were seen acting furtively at the sitting-out area at the junction of Shanghai Street and Shantung Street in Mongkok and was intercepted.

3.  A search was conducted and a total of 84 packets of heroin kept in two transparent plastic bags placed in a cigarette box were found on you in your right front jeans pocket.  You attempted to flee but were eventually subdued.

4.  Under caution you admitted you had purchased the heroin from an unknown male for $10,000 for self-consumption.  You said you had made bulk purchase so that you could have some stock to sustain for a longer period.  You were subsequently brought to the court and remanded in custody in the Lai Chi Kok Reception Centre.

5.  During remand eight further packets were found in your excrement on 20 and 21 May respectively on three occasions.  Under caution you claimed that the drugs were for your self- consumption and you had swallowed them all on the day upon your arrest.              

6.  Subsequent analysis showed that altogether there were 92 packets containing a total of 21.61 grammes of a mixture containing a total of 17.37 grammes of heroin hydrochloride.  The estimated street value of the drugs is approximately $24,600.

7.  By pleading guilty, it is clear that you accepted that you possessed the drugs for trafficking.

8.  Mr Chan entered mitigation on your behalf this morning.  You are 30 years of age and you are still single.  You have education of Form 3 level.  In the past, you have 20 previous convictions.  Of significance is that you have two possession of dangerous drugs records and, more importantly, two similar trafficking in dangerous drugs records.

9.  Looking at your record, you have been sentenced by the court to the DATC in no less than four occasions, respectively in 1998, 2001, 2002 and finally in 2004.  Apparently, you did not treasure the chances given by the court and you have lacked the will and determination to kick the habit.  It is not surprising that you went down the path of committing crimes such as trafficking in dangerous drugs.

10.  In 2005, you were sentenced by the High Court for a lengthy sentence of 5 years and 8 months and later in 2009, you were sentenced by the District Court, again for the trafficking offence, for a sentence of 32 months’ imprisonment.

11.  Mr Chan told me that you are now living together with your age-old mother who is now aged 60 and also suffering from a psychiatric illness.  The mother is also in court today to support you. 

12.  Mr Chan also informed the court that after your last discharge from the prison you have worked briefly as an air-conditioning worker for 3 to 4 months, earning an income of $8,000, out of which you contributed $3,000 to your family but after you have lost your steady employment you have used up all your savings and you ran into financial difficulties.  In order to support your living and your girlfriend, who is also unemployed and contribute to the family, you once again succumbed to the suggestion of one of your friends named “Ah Chung” to earn quick money by selling drugs for him in the Mongkok area.  What is more, despite your lengthy custody in prison, once you were released, you returned to your habit of taking drugs and you also needed money to feed your own consumption.                    

13.  Mr Chan told me that you are now very remorseful and you said that you had quitted the habit, apparently because you have been since incarcerated after you were arrested, and you promised that you will never take drugs again in future.  I can only hope that this is not a hollow promise, because as the history and record shows, once you were released you would get back to your old lifestyle and addicted to drugs, and it would not be long before you were brought back to the court for a more serious offence such as the present.

14.  In passing sentence I have carefully considered everything said by Mr Chan, especially when he was asking for leniency so that you can look after your elderly and sick mother.  I am of course very sympathetic with the position of your mother but in a very serious offence such as the present the Court of Appeal has said many times before that family circumstances virtually play no part in mitigation.

15.  In R v Lau Tak Ming [1990] 2 HKLR 370, the Court of Appeal had laid down the guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes falls within a range of 5 to 8 years.

16.  You have a long criminal record including two similar convictions for trafficking in dangerous drugs, both in 2005 and 2009, when you received sentences of 5 years and 8 months and 32 months respectively which sentences have clearly had no deterrent effect on you as you continued to traffic in dangerous drugs once you were released.       

17.  I am satisfied that in the circumstance of the case, looking at the quantity of the dangerous drugs involved, the proper starting point after trial for this quantity of heroin is 5 years and 6 months’ imprisonment.  Furthermore, because you are a repeat offender, according to the case of Chan Pui Chi [1999] 2 HKLRD 830 I am duty-bound to enhance the sentence by a further 6 months so that a deterrent sentence can be imposed.  In the end, the starting point is one of 6 years.  You pleaded guilty and for which you would be given the customary one–third discount. 

Order

18.  Defendant, please stand up.  You will be given a sentence of 4 years’ imprisonment.