HKSAR v. TANG CHI KEUNG

DCCC 497 & 597/2012
Consolidated

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 497 & 597 OF 2012

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REASONS FOR SENTENCE

1.  The defendant pleaded guilty to 2 charges of "Trafficking in a dangerous drug". The dangerous drug involved is heroin.

Summary of Facts

Charge 1

2.  About 6:20 pm on 6 March 2012, PC 5141 (PW1) intercepted the defendant for enquiries outside Island Apartment, No.15 Tai Yuen Street, Wanchai.  Whilst being searched, the defendant suddenly took out something from his left rear trouser pocket and tried to put it in his mouth. PW1 immediately stopped him and the object fell onto the ground.  PW1 picked up the object, which was a piece of tissue paper marked "46".  The tissue paper contained a plastic bag containing 46 packets of suspected dangerous drugs.

3.  Under caution, the defendant claimed that he purchased the packets of heroin at $6,900 for his own consumption from an unknown male in Kwun Tong about 10:00 am that morning.  He was released on police bail the following day.

4.  The 46 packets were later found to contain a total of 6.59 grammes of a mixture containing 4.99 grammes of heroin hydrochloride.

Charge 2

5.  About 3:00 pm on 7 May 2012, PC 476 and PC 5125 intercepted the defendant for enquiries at the junction of Lockhart Road and O'Brien Road in Wanchai.  After a preliminary search on the street, the defendant was brought back to Wanchai Police Station for a further search.  PC 476 conducted a thorough search on the defendant and found underneath his underpants a piece of tissue paper wrapping a resealable plastic bag containing 30 packets of suspected dangerous drugs.

6.  In his Record of Interview, the defendant admitted under caution that the drug seized was heroin and was for his own consumption. He purchased them from an unknown male in Yau Ma Tei at $150 per packet around 2:00 pm that day.

7.  The 30 packets were later found to contain a total of 4.41 grammes of a mixture containing 3.57 grammes of heroin hydrochloride.

8.  The defendant now admits that he possessed the heroin found on him on both occasions for the purpose of trafficking.

Mitigation & Sentence

9.  The defendant is now 58 and has 52 conviction records, out of which 11 are related to drug trafficking.  He also has numerous records of "simple possession".  He first transgressed the law in 1965 at the age of 11 and continued to be a criminal throughout his life.  He has convictions in each decade starting in the 1970s.

10.  Defence lawyer Mr. TO informed me that the defendant is married with 2 sons (aged 10 and 7).  His wife, who is a hawker selling clothes, and the boys reside in the mainland.  The defendant resides with his aged mother in a public housing unit in Yau Tong.  The defendant is unemployed and lives on social welfare.  The defendant has been a heroin addict for over 30 years.  He has problems with his lungs and hearing.

11.  The defendant is no doubt a sad case.  He has spent a substantial portion of his life in prison.  It is entirely up to him whether or not he wants to continue with this lifestyle.  The court and the penal system can only do so much.  He most certainly has a choice to be good and it is never too late to turn a new leaf in his life.

12.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in heroin (see The Queen v LAU Tak-ming & others [1990] 2 HKLR 370).  For up to 10 grammes, the sentence ranges from 2 to 5 years' imprisonment.  In this case, the defendant trafficked in a total of 8.56 grammes of heroin.  The appropriate starting point is 4.5 years.

13.  For Charge 1, it involves 4.99 grammes of heroin.  I adopt a starting point of 3.5 years' imprisonment.  A one-third discount is given for the guilty plea, reducing the sentence to 28 months.  Apart from this, I see no other mitigating factors which warrant any further discount.  The sentence for Charge 1 is 28 months.

14.  For Charge 2, it involves 3.57 grammes of heroin.  I adopt a starting point of 3 years' imprisonment.  A one-third discount is given for the guilty plea, reducing the sentence to 2 years.  Apart from this, I see no other mitigating factors which warrant any further discount.  The sentence for Charge 2 is 2 years.

15.  Bearing in mind the global starting point of 4.5 years (which would be reduced to 3 years after plea), I order 8 months in Charge 2 to run consecutive to Charge 1, thereby arriving at a total prison term of 36 months for both charges.