HKSAR v. POON MAN SZE

DCCC114/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 114 OF 2011

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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 22 December 2010 at the control room, B1 Floor, Treasure World, Whampoa Garden, Hung Hom, Kowloon in Hong Kong, you unlawfully trafficked in 13.25 grammes of a powder containing 10.39 grammes of ketamine, a dangerous drug.

3.  On the day in question, at about 4 pm, police officers were called to the location after there was a dispute between yourself and others in Toys ‘R’ Us.  The dispute, however, was resolved or settled prior to the arrival of the police.

4.  When police officers approached you, you ignored them and started to walk away and left the shop quickly.  You then rushed out onto the road outside Treasure World and was quickly grabbed back onto the pavement by officers for your safety.  The officers thought you were or seemed to be emotionally unstable. At that time you kept pressing onto your handbag with your hands.

5.  Feeling suspicious, they decided that you should be searched and took you back to the control room of Treasure World and called for a female officer to attend the scene.  Nothing suspicious was found after a body search was conducted.  However, the drugs were found in your handbag.

6.  The drugs were found in a tissue paper bag containing a piece of paper wrapping a white powder and a piece of tissue paper wrapping a transparent resealable plastic bag containing another transparent plastic bag containing white powder.

7.  You were arrested and, under caution, you said that the substance did not belong to you and you were carrying it for a friend.

8.  In a subsequent video recorded interview, you claimed that you had received a call from a man named “Fat Boy” who asked you to give the drugs to another person.  You had given Fat Boy $900 and you were going to collect $900 from the person who came to collect the drugs.  You then put the drugs into your handbag.  You then went to Toys ‘R’ Us to do some shopping and that is where you later had a dispute with a member of the staff.

9.  The estimated street value of the drugs was approximately HK$1,500.

10.  Miss Corrina Tai, your counsel, has in her usual manner, made very eloquent and detailed mitigation on your behalf.  You are 27 years of age and of clear record.  You are married and are a housewife.  You live with your husband and he is in the metal business and he gives you maintenance of some $16,000 a month.

11.  I have had submitted to me many supporting character references for you, from your husband, your various previous employers, and your achievements both at school and after school, and what you have done good in life such as given to children’s charity, as well as taking courses to improve yourself, such as cooking courses.  I have also letters from a Reverend from the Victoria Avenue Swatow Baptist Church, your mother and your husband.

12.  All in all, your family and relatives say that you are a very good person, particularly good wife and filial daughter.  You are caring to your family and are deeply remorseful for your crime.

13.  All along, since you had finished school, you had worked very hard in various jobs.  The letters that have been produced by employers support that as so.  You have worked in various different employments such as being a saleslady in a fashion shop, a clerk, and working your way up as a waitress to a manager in a bar, at which you worked for four to five years, in Causeway Bay.

14.  As for the reason you committed this crime, I am informed by Miss Tai that this was misguided loyalty to a friend.  That friend was called “Fat Boy”.  Fat Boy informed you that he was unable to deliver these drugs to the person involved as he had needed to work, and therefore he asked you to deliver it for him.  You initially refused but you were eventually persuaded to do so by him as he assured you that nothing would happen.  You finally succumbed to his wishes.

15.  Miss Tai has stressed that you had not delivered these drugs for any financial gain at all, as you were not in financial trouble at all, as you were provided for very well by your husband.  You just foolishly decided to help your friend, in ignorance of the serious legal consequence of your act.

16.  As Miss Tai says, it can be seen that you have led a very proper, good life and your clear record shows that.

17.  As Miss Tai rightly points out, that for an offence of trafficking in dangerous drugs, there are tariffs laid down by the Court of Appeal.  The lower courts are obliged to follow these tariffs.  Circumstances such as youth or clear record are not an exception to which those guidelines or tariffs are not to be followed.

18.  Trafficking, as I am sure you have been advised, is a very, very serious offence and warrants an immediate custodial sentence.  The amount you had in your possession for trafficking also cannot be considered to be a very small amount.

19.  In following the case of The Secretary of Justice v Hii Siew Cheng, you fall within the third bracket, that is, the tariff of between 10 to 50 grammes, which warrants a term of imprisonment of 4 to 6 years’ imprisonment if you had been convicted after trial.

20.  Defendant, the strongest plea in mitigation is, of course, your guilty plea.

21.  Had I convicted you after trial, I would have taken a starting point of 4 years’ imprisonment.

22.  However, given your plea of guilty, I give you full credit for your pleas and reduce that term to one of 2 years 8 months’ imprisonment, to which you are so sentenced.