HKSAR v. CHIANG YAT MING

DCCC1072/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1072 OF 2008

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Reasons for Sentence

1.  Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3)of the Dangerous Drugs Ordinance.

2.  You have admitted that on 15 September 2008, outside No.105, Shanghai Street, Yau Ma Tei, Kowloon, in Hong Kong, you unlawfully trafficked in 23.33 grammes of a solid containing 18.05 grammes of cocaine.

3.  On 15 September 2008, at about 9.53 pm, police officers were patrolling along Shanghai Street when they spotted you and another male across the street.  They saw you putting your right hand into the front of your trousers and then crossed the road quickly.  Feeling suspicious, the police stopped you and the other male for enquiry.

4.  Upon search, the police officers found hidden in the front of your trousers a black plastic bag containing a total of 68 transparent plastic bags containing the cocaine.  You were arrested and cautioned.  You admitted that you were a courier of the 68 packets of cocaine.

5.  Mr Wong, your counsel, has made full mitigation on your behalf today before me.  I have taken all that he has to say when considering the sentence upon you.

6.  You are now aged 29 and have a cohabitee living with you who has borne you two children.  A son aged 4 and a daughter aged 5 months.  You have six previous convictions of which four of those convictions are that of possession of a dangerous drug.  You were last discharged from prison on 20 June 2008 after a sentence for possession of a dangerous drugs. 

7.  I am informed by Mr Wong that after you were released from prison in June, you had in fact been disqualified from driving, and as you were a driver by occupation, you found it difficult to find a job.  You were therefore unemployed, with the responsibility to support your cohabitee and your then son.  As a result of the great financial pressure of owing money of $15,000 and having to support your family, you agreed to commit this offence in exchange for $1,500.

8.  You feel very remorseful for what you have done and of course you have shown to the court your remorse by your plea of guilty.  I am informed through a letter by your cohabitee that you have not yet seen your daughter since the birth of your daughter because you had already been arrested and incarcerated for this offence.  And a result of not having your financial support, now the family will have to rely on public assistance. 

9.  Now, as your counsel rightly says, you understand the nature of this offence is serious and the consequence is of course that of imprisonment.  The drugs in question are that of cocaine and the guidelines for cocaine are the same as that of heroin as laid out in Lau Tak Ming.  You had trafficked in 18.05 grammes of cocaine which falls in the category of between 10 and 50 grammes, that is between 5 to 8 years’ imprisonment.

10.  For this amount of drugs, I take a starting point of 5 years’ imprisonment, and I give you full credit for your plea of guilty and reduce that term to 3 years and 4 months’ imprisonment to which you are so sentenced.