HKSAR v. CHAN YIK HO

DCCC1157/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1157 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges, the first being an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you on 10 July of this year in a private car registration number PW6523 near the Yiu On Estate bus terminus at Ma On Shan, unlawfully trafficked in 20.62 grammes of cocaine. The 2nd charge is an offence of dangerous driving, contrary to section 37(1) of the Road Traffic Ordinance, Cap.374, Laws of Hong Kong.

2.  The Summary of Facts which you have agreed establish that in the very early hours of 10 July of this year, you stopped your vehicle near the Yiu On Estate bus terminus at Ma On Shan.  When your girlfriend returned to the car, an officer approached the front passenger side, revealed his identity and indicated that he wanted to conduct a search of the car. 

3.  Another officer approached the driver’s side, attempted to open the door, found it locked whereupon you immediately drove off.  As your car sped off, it ran into the front left hand side of the police vehicle which had been deliberately parked at an angle in front of you in order to prevent you from leaving.  You then smashed into the right rear of a taxi which resulted in your car flipping over onto its side.  When the police came to your rescue to pull you and your girlfriend out of the car, the drugs, being the subject matter of Charge 1, were found to be scattered near the front window screen of the car. 

4.  You have tried to suggest through your lawyer that you thought that the plain-cloth officers who approached your vehicle were members of a triad society, who wanted to gain revenge for some reason on your girlfriend.  I do not accept this.  Paragraph 2 of the Summary of Facts, which you have agreed indicate that the first officer to approach your vehicle did reveal his identity and asked to search the vehicle, you ignored him and drove off.   

5.  You are 26 years of age and have previous convictions which include convictions for trafficking in dangerous drugs and a previous conviction of driving a motor vehicle whilst under the influence of drink or drugs. 

6.  The circumstances of these two offences are extremely serious and could quite easily have had drastic consequences for not only the police but of course also yourself and your girlfriend.  By driving in the way that you did, which I have no doubt was to escape and prevent the detection of a sizable quantity of cocaine, you endangered not only your own life and that of the taxi driver, but also the lives of the two police officers. 

7.  In sentencing you, I take account of everything that has been put before me by way of mitigation, but really the only mitigation here is your plea of guilty and I will give you credit for that. 

8.  Insofar as Charge 1 is concerned, the sentencing guidelines for trafficking in 10 to 50 grammes of cocaine indicate a starting point of between 5 to 8 years’ imprisonment. 

9.  In the present case, this court is dealing with slightly over 20 grammes.  Accordingly, I adopt a starting point of 6 years’ imprisonment on Charge 1.  I will discount this by one-third to take account of your plea of guilty coming to 4 years’ imprisonment. 

10.  With regard to Charge 2, I adopt a starting point of 9 months’ imprisonment.  I give you a similar discount of one-third to reflect your plea of guilty coming to 6 months’ imprisonment on Charge 2.  I order this sentence to run consecutively to the sentence on Charge 1, coming to an overall sentence of 4½ years’ imprisonment.

11.  In addition to this I order you to be disqualified from holding or obtaining a driving licence, all classes of vehicles, for a period of 5 years.