HKSAR v. TSE LONG YIN

DCCC 422/2021

[2021] HKDC 1545

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 422 OF 2021

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REASONS FOR SENTENCE

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1.  Mr Tse pleaded guilty before me to one charge of Trafficking in a dangerous drug, contrary to section 4(1)(a)  and (3)  of the Dangerous Drugs Ordinance, Cap 134. Particulars are that he, on 19 January 2021, outside No 7B Soy Street, Mong Kok, Kowloon, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 12.38 grammes of a solid containing 9.78 grammes of cocaine.

Facts admitted by Mr Tse

2.  On 19 January 2021, at around 1700 hours, Mr Tse boarded a taxi in Ho Man Tin.  He asked to go to Tseung Kwan O.  Upon reaching Tseung Kwan O, Mr Tse asked to go to Kowloon Bay.  Upon reaching Kowloon Bay, Mr Tse asked to go to Mong Kok.  At around 1820 hours, the taxi reached Soy Street, Mong Kok.  Mr Tse got off and asked the driver to wait there for him.  After a while, a patrolling police officer saw Mr Tse walk quickly towards the taxi and boarded it at the junction between Canton Road and Soy Street.

3.  A fellow police officer intervened and asked Mr Tse to get off the taxi.  Mr Tse was brought to outside No 7B, Soy Street, for investigation and body search.  The following items were found in the right inner pocket of Mr Tse’s denim jacket:-

(a)  One resealable plastic bag containing 5 plastic packets with a total of 1.78 grammes of a solid containing 1.39 grammes of cocaine inside; and

(b)  One resealable plastic bag containing 32 plastic packets containing a total of 10.6 grammes of a solid containing 8.39 grammes of cocaine.

4.  Under arrest for “possession of dangerous drugs” and under caution, Mr Tse said the cocaine was for his self-consumption.

5.  At the police station, a fuller body search recovered cash of $19,422.70 from Mr Tse’s person.  Three mobile phones with 4 SIM cards were also seized from Mr Tse.

6.  Under cautioned VRI, Mr Tse explained how he would consume the cocaine.

7.  The estimated street value of the cocaine found was around $24,760.

8.  Mr Tse now admits he possessed the cocaine for unlawful trafficking.

Criminal record

9.  Mr Tse has 4 previous convictions all recorded in 2019 none similar to the present one.

Antecedents

10.  Mr Tse is aged 26 (25 at the time of the offence), educated to F3 level, was a storekeeper with around $15,000 monthly income in 2021.

Mitigation

11.  Ms Vivien Chan of counsel assigned by the Director of Legal Aid mitigated on behalf of Mr Tse.  The following is a summary of the mitigation submissions.

12.  Before his arrest, Mr Tse worked as forklift truck operator at Asia Airfreight Terminal of Hong Kong International Airport with a monthly income of about $15,000.  Mr Tse was not a drug addict.  He was living with his parents in Tin Shui Wai.  Mr Tse’s work and the resulting income was adversely affected by the Covid-led economy downfall.  He spent more time in game centres and mingled with bad elements there.  Out of greed, he agreed to deal in drugs for them in order to earn quick money.

13.  Mr Tse is remorseful and pleaded guilty at the earliest opportunity.  To his most regret, his grandmother passed away some months ago but he was unable to pay her a last tribute.  Mr Tse promises to turn a new leaf and lead a law-abiding life in the future.

14.  Ms Chan confirmed that Mr Tse is not relying on self-consumption as a mitigating factor.

15.  Ms Chan submitted two mitigation letters (written in Chinese)  on behalf of Mr Tse.  One was written by Mr Tse himself and the other by his parents. The contents are generally that Mr Tse is genuinely remorseful and will not re-offend; they asked for a lenient sentence for Mr Tse.

Sentence

16.  Trafficking in a dangerous drug is a serious offence.

17.  For trafficking in up to 10 grammes of cocaine, the tariff sentence is 2 to 5 years’ imprisonment: Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming and Ors [1990] 2 HKLR 370.

18.  Mr Tse trafficked in 9.78 grammes of cocaine.  I will adopt 59 months as the starting point.  He pleaded guilty in good time earning for himself a 1/3 discount.  There are no other valid mitigating factors.

(Mr Tse, please stand)

19.  Mr Tse will go to prison for 39 months and 10 days.