HKSAR v. CHEUNG LAI FONG

DCCC246/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 246 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence 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 11 January this year, outside the ground floor, No.101, Tam Kung Road, To Kwan Wan, in Kowloon, you unlawfully trafficked in 45.82 grammes of a mixture containing 26.69 grammes of heroin hydrochloride, which is a dangerous drug.

3.  On the day in question, at about 7.30 am, police officers were conducting an anti-dangerous drugs operation at that area.  They noticed you acting furtively.  The officers therefore intercepted you for enquiry.

4.  Upon search, they found in your handbag the dangerous drugs.  The drugs were contained in three resealable bags.  The first bag contained 122 packets; the second bag 85 packets; and the third bag 46 packets, making a total of 253 packets.

5.  You were arrested and under caution you admitted that you needed some money and therefore you “helped someone deliver the white powder for $300”.

6.  In a subsequent video recorded interview, you admitted that a friend of yours called “Ah Mao”, whom you had known only for a few months, called you at 7 am that morning to pick up the drugs underneath a fire extinguisher located at the 5th Floor of Chung Nam Building at Ma Tau Chung Road.  You were asked to deliver them to Un Chau Estate in Cheung Sha Wan.  You were arrested on your way to deliver these drugs.

7.  Miss See, your counsel, has made full and thorough mitigation on your behalf and I have taken all that she has to say into account.

8.  You are 37 years of age and of clear record. This is your first ever offence.

9.  Miss See has frankly told the court the reason for your commission of this offence is because of your drug dependency. Because of your addiction to heroin, you had to find money and support that addiction, therefore, you committed this offence.

10.  I can see from the antecedents that you have been a drug addict since you were 26, now some 11 years.

11.  I note from the letter you wrote to the court that you are deeply remorseful for committing this offence.  You have regretted very much for what you have done and have realised that you have deeply disappointed all those around you who love you.  Most significantly, you realise that it is time for you to find yourself a job, work hard, and not to let your parents down in the future.

12.  I am sure that you have been advised by Miss See, your counsel, that the courts have laid down tariffs or guidelines for trafficking in dangerous drugs, including heroin.  As Ms. See rightly points out, it appears there is nothing for me to depart from those guidelines.

13.  The tariffs for heroin are laid down in the case of Lau Tak Ming.  The quantity of drugs you trafficked in falls within the second bracket of between 10 and 50 grammes, and a starting point of imprisonment of between 5 to 8 years, is appropriate after trial.

14.  Given the quantity of drugs that you had trafficked in, had I convicted you after the trial, I would have taken a starting point of 6 years’ imprisonment.  However, I give you full credit for your early plea of guilty, and in those circumstances I shall reduce that term to one of 4 years’ imprisonment, to which you are so sentenced.