HKSAR v. NOMAN ABDULLAH Al

DCCC 789/2019

[2020] HKDC 391

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 789OF 2019

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Reasons for Sentence

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Charge

1.  The defendant (“D”) pleads guilty to a charge of trafficking in dangerous drugs. 

Facts

2.  In the evening on 23 May 2019, the police targeted Room 2, Flat B, 4/F, Wah Hei Building, No. 130-132 Jervois Street, Sheung Wan (“Premises”) and its occupier D, a suspected drug dealer, in an anti-narcotic operation. Police officers ambushed in the vicinity of the Premises. At about 5:17p.m., D was seen returning to Wah Hei Building. At about 6:12p.m., D came out from the Premises and was intercepted by police. It was found in his right front trouser pocket 3 keys and in his left front trouser pocket 2 mobiles.

3.  Police officers entered the Premises to conduct a search on the strength of search warrant. The 3 keys seized from D successfully unlocked the main gate and main door of Flat B, and the door of the Premises respectively. Upon search, it was found on a closet in the Premises a metal tray containing 2.92 grammes of a herbal mixture containing 0.16 grammes of cannabis in herbal form.

4.  Further, it was found underneath the bed frame in the Premises:

1) A black shoe bag containing a grey sock, wrapping:

i. 2 plastic bags containing in total 1.26 grammes of a powder containing 0.62 grammes of 3,4-methylenedioxymethamphetamine (“Ecstasy”);

ii. 1 plastic bag containing 0.34 grammes of a solid containing 0.22 grammes of cocaine;

iii. 1 tissue paper packet containing 1 plastic bag containing 0.31 grammes of a powder containing 0.26 grammes of ketamine, and 1 plastic bag containing 0.66 grammes of a solid containing 0.48 grammes of Ecstasy;

iv. 10 plastic bags containing a total of 22 tablets containing a total of 4.13 grammes of Ecstasy; and

2) A white bag containing:

i. 5 plastic bags containing a total of 3.42 grammes of a solid containing 2.92 grammes of fluorodeschloroketamine;

ii. 1 plastic bag containing 0.7 grammes of a crystalline solid containing 0.69 grammes of methamphetamine hydrochloride;

iii. 1 plastic bag containing 39.3 grammes of a solid containing 16 grammes of cocaine;

iv. 3 plastic bags containing traces of a solid containing cocaine; and

v. 1 plastic bag containing traces of a herbal material containing tetrahydrocannabinol.

5.  Inside a drawer of the closet were found a gold ring and a wallet containing cash of HK$38,020, US$200, and Hungarian Forint 10,000.  On a desk in the Premises was found an electronic scale.

6.  D was then arrested for trafficking in dangerous drugs.

7.  In the subsequent video recorded interview D claimed he had come to Hong Kong in 2015.

8.  Upon examination, D’s fingerprint was found on a plastic bottle placed in the kitchen of the Premises.

9.  According to police’s estimation, the street value of drugs found in the Premises was about HK$43,803 (with powder form of Ecstasy unaccountable) at the material time.

10.  At the material time, D was a Form 8 Recognizance Holder.

11.  At all material times, D possessed the drugs found in the Premisesfor the purpose of unlawful trafficking.

Personal background

12.  D is aged 29.  He received upper secondary education in Bangladesh.  He arrived in Hong Kong to seek political asylum in 2015.  He has a record for possession of a dangerous drug, resulting in 3 months’ imprisonment in 2018. 

Sentencing D

13.  I have considered the facts of the case and all mitigating factors.  I sentence D to 4 years 2 months.