HKSAR v. CHUNG FUK CHOW

DCCC716/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 716 OF 2012

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Reasons for Sentence

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1.  Chung Fuk Chow, you have been convicted on your own plea of trafficking in 28.09 grams of a mixture containing 20.98 grams of heroin hydrochloride.

2.  These were the drugs that were found by the police in the black shoulder bag that you were carrying when you were stopped on the staircase of a building in Sha Tsui Road, Tsuen Wan on the evening of 18 May this year.  The street value of the drugs at the time was about HK$21,000.

3.  As you know from your past appearances before the courts in Hong Kong the offence of drug trafficking is one that the courts take very seriously. 

4.  Bearing in mind the quantity of drugs involved in this case, I am satisfied that the appropriate starting point in your case is 5½ years’ imprisonment.

5.  I have listened to everything your counsel has said on your behalf.  I take into account the difficulty that your poor health has caused you in obtaining employment.  That, however, provides no justification for destroying the health of others by trafficking in dangerous drugs.  You cannot claim in mitigation to be a man of previous good character. You already have two previous convictions for trafficking in dangerous drugs. The only real mitigation in your case is your plea of guilty today and for that you are entitled to the usual discount of one-third. 

6.  I accordingly sentence you to 3 years 8 months’ imprisonment.