HKSAR v. ZHAO PENG

DCCC 22/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 22 of 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(l)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that on 19 October 2012 on the 4th Floor of Block H, Amoy Gardens, Ngau Tau Kok, Kowloon, you unlawfully trafficked in 8.04 grammes of a solid containing 5.45 grammes of cocaine. 

3.  In the late evening of 18 October, police officers were conducting an anti-narcotics operation on the 4^th floor of Amoy Gardens.

4.  At about 5 past midnight on 19 October, police officers saw you go into those premises and thereafter leave those premises at about half-past midnight.  They then intercepted you and conducted a search upon you. 

5.  Upon search, some hard objects were felt inside the crotch of your jeans.  Despite asking you what was inside, you did not reply.  Those objects were then removed from your underpants and inspected. They were found to be two transparent resealable plastic bags containing 12 and 20 smaller transparent resealable bags of the drugs. 

6.  You were then arrested and under caution you admitted that you delivered the goods for others to earn money.

7.  At the time you had in your possession $6,090 odd.  In a subsequent video-recorded interview, you admitted that you knew the dangerous drugs were cocaine.  You had hid the drugs in your underpants as you were going to deliver these drugs to Kai Tin Shopping Mall.  If the delivery was successful, a person by the name Ah Keung would reward you with a sum of $1,280. 

8.  The estimated street value of the drugs seized was about $15,000.

9.  Mr Albert Poon, counsel, has mitigated fully and thoroughly on your behalf on the last occasion and again today. 

10.  Prior to sentencing you, I called for a training centre report.

11.  You are 18 years of age and of clear record. You live with your mother here in Hong Kong.  You came to Hong Kong from China in 2010.

12.  I shall not repeat the contents of the report. However, Mr Poon has urged me to impose a training centre order upon you.

13.  What is clear to me, at least from the conclusions of this report, is that after you had dropped out of school in July 2012, you started to mix with some undesirable peers.  As your mother was unable to properly supervise you and parenting was lenient, this provided you with the opportunity to get acquainted with bad elements.  You even started to take drugs in July 2012.  Clearly, in view of your loose discipline and lifestyle and your thirst for easy and fast money to support your lavish expenditure, you committed this serious breach of the law.

14.  I am told by Mr Poon that this is quite a wake-up call to you.  You are a fortunate man as you have a very supportive mother, aunt and uncle.  You are not one that is in need of any financial support.  You have done this to satisfy your selfish greed to earn fast and easy money. 

15.  Mr Poon and myself recognize that sentencing for dangerous drugs is one of an immediate sentence of imprisonment and the Court of Appeal has laid down tariffs and guidelines for trafficking in cocaine. 

16.  I am aware that young age or youth is not an exceptional circumstance not to send an offender to prison.

17.  In your instance, defendant, I bear in mind that I have to consider the principles and balance the need for rehabilitation, deterrence and prevention.  Rehabilitation in your case is an important consideration.

18.  The normal sentence of imprisonment would be a sentence, after trial, of approximately 3½ years’ imprisonment.  Giving full credit for a plea of guilty, that term would be reduced to one of 2 years 4 months’ imprisonment.

19.  I am told that even on the last occasion in mitigation that you had applied for an Open University degree and that you were previously in China quite a good student.

20.  In considering all the circumstances of this case, I am of the view that a period of disciplinary training coupled with statutory supervision would be more beneficial to you than serving a sentence of imprisonment. 

21.  Had I sentenced you to imprisonment the time you would spend in training centre, on balance would be much the same.   In the circumstances of your case, defendant, and in the interest of the community and yourself and for you to have a better insight into your problems and to strengthen your law-abiding concept, I sentence you to training centre.