HKSAR v. TSOI CHI KIN

DCCC 984/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 984 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the brief facts and I convicted you on those facts.

2.  The facts were as follows.

3.  On 7 August at about 3 minutes past 10 at night you came back from the Mainland via Lok Ma Chau Control Point to Hong Kong with a handbag.  You went through the Customs Hall and you were intercepted by Customs officer, PW1.

4.  Your bag was examined and the following exhibits were found: 

Exhibit P1, aluminium foil (wrapping, P2);

Exhibit P2, one plastic bag containing 11.91 grammes of crystalline solid containing 11.45 grammes of methamphetamine hydrochloride, which is “Ice”.

5.  You were arrested for trafficking and under caution you admitted the exhibits belonged to you.  You said it was “Ice” and for your own consumption.

6.  You were brought back to the Customs and Excise office.  You thereafter refused to answer any further questions.

7.  Upon search, it was confirmed that you were in possession of, amongst other things, three mobile phones with SIM cards; six mobile phone SIM cards; HK$5,786; and 705.50 renminbi.

8.  The street value of the “Ice” is approximately HK$9,003.96.

9.  At all material times you were technically in possession of the goods for trafficking.

10.  You admitted to seven previous convictions, two of which involved dangerous drugs.  This is your first conviction for trafficking.

11.  On your behalf Mr Poon entered mitigation.  He told me that you are 39 years of age, divorced, and living with your mother and daughter.  Your mother suffers from diabetes, bone disorder, high blood pressure; and depression.  I am told in the past she has attempted to commit suicide.  She is receiving treatment for her conditions, but because of her poor health she has found it difficult to visit you whilst you were in prison. Your daughter is 18 and studying at university.  She suffers from a type of epilepsy. 

12.  You are the sole breadwinner of the family and have provided in the past $5,000 to $7,000 per month.  Contrary to what is said in the antecedent statement, I understand you are employed as a manager of a construction company, earning approximately $26,000 per month.  Mr Poon produced a letter to confirm this.

13.  I have before me letters of support from your daughter, your mother and your company.  They speak well of you as a son and father and your company confirms your performance.

14.  Mr Poon has made the point that you had no choice but to plead guilty as bringing the drugs from the Mainland into Hong Kong is technically trafficking.  However, he makes the point that they were for your own consumption.  Acknowledging that the usual starting point for this amount of “Ice” would be 7 years, he asks me to look at approximately 5 years as a starting point.

15.  I turn now to the sentence.

16.  You are gainfully employed with a salary in the region of $26,000 per month.  This situation does support your contention that the drugs were in fact for your own use rather than for trafficking in the wider sense.  Your record is not of the best, that has to be acknowledged, although this is your first offence of trafficking in dangerous drugs.  I note that you provided for your family and looked after your daughter and mother, and that you were co-operative on arrest. 

17.  This is a large amount of “Ice”.  The usual starting point would indeed be approximately 7 years or even slightly more. However, I am prepared to accept that it was, as I have said, for your own consumption.  Therefore, I take as a starting point 5½ years.  You are entitled to a one-third discount for your plea of guilty.

18.  You will therefore go to prison for 44 months.