HKSAR v. LAU KAM CHEUNG

DCCC 408/2023

[2023] HKDC 1675

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 408 OF 2023

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REASONS FOR SENTENCE

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1.  The defendant pleads guilty to one charge of trafficking in a dangerous drug. The Summary of Facts admitted by the defendant can be summarised as follows.

2.  At midnight on 25 December 2022, a police officer intercepted the defendant who was holding a brown paper bag and looked nervous at Chun Yeung Street, North Point.  A black plastic bag containing 75 transparent resealable plastic bags and an electronic scale was found inside the paper bag.  At the waist of the defendant were also found altogether 28 plastic bags containing a total of 10.11 grammes of a solid containing 8.07 grammes of cocaine. 

3.  Upon inquiry, the defendant said these were dangerous drugs and he was going to give them to his friends for consumption. 

4.  Under caution upon arrest, the defendant stated again that the dangerous drugs were to be given to his friends for consumption.  In a cautioned video-recorded interview subsequently conducted with the defendant, the defendant stated that he worked as a chef and earned $18,000 a month.  He would receive cash after completing the transaction and he knew he was carrying dangerous drugs. 

5.  The defendant has a criminal record in 2015 but it was unrelated to dangerous drugs. 

6.  In mitigation, Mr Chan, counsel for the defendant tells the court that the defendant is aged 29. He is single, living with his parents.  Before his arrest, he was a chef earning $18,000 a month. 

7.  Mr Chan submits that the tariff sentence for up to 10 grammes of cocaine or heroin is 2 to 5 years’ imprisonment as laid down in HKSAR v Abdallah[1]. He also refers to court to a District Court sentencing case where the judge adopted 45 months’ imprisonment as starting point for trafficking in 8.03 grammes of cocaine, HKSAR v Tai Tsz Ho, DCCC  220/2012. 

8.  Counsel submits that the defendant is genuinely remorseful.  He made full and frank admission upon arrest and under caution, he also entered his plea of guilty at the earliest available opportunity. 

9.  Mitigation letters written by the defendant, his father and his employer have been handed up to court.  In the defendant’s letter, he expressed his remorse and I learned that he attempted to commit suicide in prison. 

10.  The defendant’s father tells the court that his wife, being hospitalised, has recently undergone a major surgery and might require another bigger surgery. 

11.  Counsel urged the court to temper justice with mercy and to hand down a sentence similar to that of Tai Tsz Ho. 

12.  Trafficking in a dangerous drug is a very serious offence.  The Court of Appeal has laid down sentencing guidelines for trafficking in different kinds of drugs. 

13.  In AG v Rojas[2], the Court of Appeal decided that the sentencing guideline for trafficking of heroin as laid down in Lau Tak Ming[3] was applicable to trafficking of cocaine. 

14.  According to the authorities, the sentence for up to 10 grammes of cocaine is 2 to 5 years.  The defendant trafficked 8.07 grammes of cocaine.  By simple arithmetic calculation, the starting point would be about 53 months’ imprisonment. 

15.  The District Court sentencing case cited by defence counsel is not much of assistance.  It is case specific and not binding on me.  The defendant in that case was only 19 and he put forward mitigations rather different from the case before this court. 

16.  I have taken into consideration that the defendant is 29, who has no previous criminal convictions in relation to dangerous drugs.  He made confession to the police as soon as he was arrested.  I accept that he is now remorseful. 

17.  In all the circumstances, I will adopt 51 months as the starting point.  For his plea of guilty, I will give him full one-third reduction and reduce the sentence to 34 months. 

18.  I have further taken into account the serious condition of the defendant’s mother and the defendant’s anxiety.  As an act of mercy, I will further reduce the sentence for 1 month to show the court’s sympathy for his situation. 

19.  For the above reasons, the defendant is sentenced to 33 months’ imprisonment.