HKSAR v. HAU CHOI LEUNG

DCCC 958/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 958 OF 2013

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Reasons for Sentence

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Charge and facts

1.  The defendant pleads guilty to trafficking in a dangerous drug. 

2.  In the morning of 15 August 2013, he was intercepted at the lift lobby upon leaving Room 3313 of a public housing block in Shek Kip Mei Estate.  In his shoulder bag were found, among other items:

(1) 1 plastic bag containing 20 pellets of heroin;

(2) 1 plastic bag containing 10 pellets of heroin;

(3) 5 keys.

3.  After arrest and caution for trafficking in dangerous drugs, he said that those 2 bags of white powder were to be taken downstairs to someone.

4.  The police brought him back to Room 3313 for a search.  Inside were found a tenancy agreement for the room, a CSSA receipt and a bank passbook, all in his name.  In the kitchen were found, among other items:

(1) 2 plastic bags each containing 20 pellets of heroin;

(2) 1 plastic bag containing 10 pellets of heroin.

5.  After arrest and caution for trafficking in dangerous drugs, he said that the drugs inside were to be delivered to others later and they were temporarily stored there. 

6.  In a subsequent video-recorded interview, he further stated that he was unemployed and relying on CSSA for living; he would receive $500 for delivering the first 2 bags, altogether 30 pellets of heroin, downstairs according to the instructions of a person he had come to know in prison previously. 

7.  There were 10.08 g of heroin hydrochloride in a mixture of 16.02 g altogether in the 80 pellets seized. 

8.  The estimated street value of the drugs is $13,729. 

Personal background and mitigation

9.  The defendant is 49 years of age, of primary education level.  He was unemployed at the time of the offence.  His wife is in Mainland China.  He has many previous convictions, including 7 for simple possession.  He has 1 previous conviction for trafficking, for which he was sentenced to 16 months’ imprisonment.  With this single trafficking conviction, I do not regard him a recidivist trafficker.  He committed the present offence as he had borrowed $150,000 from a finance company and had no money to repay.  He would earn $500 per day for the delivery of drugs. 

Sentencing guidelines

10.  The Court of Appeal in R v. Lau Tak-ming [1990] 2 HKC 370 has suggested 2 – 5 years as the starting point for trafficking in heroin of up to 10 g. 

Sentencing this defendant

11.  I take a starting point of 5 years.  I reduce it to 40 months due to his plea of guilty.  There are no other mitigating factors to further reduce the sentence.