HKSAR v. CHEUNG TSZ YIN

DCCC 136/2025

[2026] HKDC 1303

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 136 OF 2025

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REASONS FOR SENTENCE

The defendant faces 2 charges of "drug trafficking" (Charges 1 and 2). The drugs involved were cocaine and ketamine.

2.  He pleaded guilty to Charge 2.  In relation to Charge 1, he pleaded guilty to "possession" instead of "trafficking", which was accepted by the prosecution.

Summary of Facts

Charge 1

3.  About 3:40 p.m. on 25 September 2024, PC 26893 (PW1) noticed a private car EZ28 ("the Car") parked outside Nos.6-10 Kau U Fong in Central.  He saw the defendant, who was the only person on board, alight from the Car after parking it.  The defendant then walked towards Lan Kwai Fong Hotel.

4.  About 3:45 p.m. on the same day, PW1 stopped the defendant outside Kau U Fong Children's Playground.  Upon search, PW1 found a cigarette box in the defendant's left front trouser pocket.  It contained a piece of tissue paper wrapped around 4 stapled plastic bags which contained a total of 1.17 grammes of a solid containing 0.98 gramme of cocaine.  PW1 arrested the defendant for "trafficking".  He remained silent under caution.

Charge 2

5.  The defendant was brought back to the Car.  PC 60059 searched the Car and found the following items :-

(i) 66 stapled plastic bags which contained a total of 19.32 grammes of a solid containing 16.33 grammes of cocaine;

(ii) 6 plastic bags which contained a total of 3.79 grammes of a solid containing 3.18 grammes of ketamine;

(iii) 56 unused plastic bags; and

(iv) cash in the sum of $3,482.

6.  The defendant was arrested for "trafficking" again.  He remained silent under caution.

7.  Police investigation revealed that the defendant rented the Car from a company on 19 June 2024 at a monthly rent of $5,000.

8.  The defendant possessed all the cocaine and ketamine found in the Car for the purpose of unlawful trafficking.

Mitigation & Sentence

9.  The defendant is 39 and has a clear record.  Defence counsel Ms. Tsang informed me that the defendant is single.  Prior to his arrest, he resided with his girlfriend at a rented flat.  From 2020 to 2024, the defendant worked as a waiter and then a clerk, earning $18,000 per month at most.  In mitigation, Ms. Tsang submitted that the defendant's father was diagnosed with lung cancer in July 2024.  He had contributed about $40,000 towards his father's medical expenses.  Owing to substantial loans and credit card debts, the defendant foolishly resorted to drug trafficking.

10.  Drug abuse has been a long-term problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper) and that drug traffickers (even fresh offenders) would most certainly be punished by long-term imprisonment. 

Charge 2

11.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine[1] (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370) and ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1).  For 10 to 50 grammes of cocaine, the sentence ranges from 5 to 8 years' imprisonment.  For up to 10 grammes of ketamine, 2 to 4 years' imprisonment.      

12.  In determining the proper starting point, I have reminded myself of the sentencing principles for trafficking in cocktail drugs[2]. The defendant trafficked in a cocktail of drugs consisting of 16.33 grammes of cocaine and 3.18 grammes of ketamine.  For 16.33 grammes of cocaine, applying a strict arithmetical approach, the appropriate starting point is 5.5 years.  Similarly, for 3.18 grammes of ketamine, 2.5 years.  In my view, the "combined approach" would arrive at a realistic and fair sentence.

13.  In terms of potency and quantity, cocaine should form the basis of the starting point.  Hence, I will start with 5.5 years' imprisonment, and adjust the starting point upward by 3 months for the ketamine, arriving at 69 months.  With the timely guilty plea, the sentence is reduced to 46 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 46 months' imprisonment.

Charge 1

14.  For possession of 0.98 gramme of cocaine (packed in 4 stapled plastic bags), I adopt a starting point of 9 months' imprisonment. With the timely guilty plea, I sentence the defendant to 6 months' imprisonment.

Overall sentence

15.  Even if the defendant was trafficking in the cocaine in Charge 1, the quantity is not significant enough to raise the starting point for Charge 2.  Hence, I order the sentences for Charges 1 and 2 to run concurrently.  In other words, for both charges, the total prison term is 46 months.