HKSAR v. TSANG FUK MING

DCCC 265/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 265 of 2013

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Reasons for Sentence

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

2. You have admitted that at your home in Des Voeux Road West in Sheung Wan on 19 December 2012 you unlawfully trafficked in 44.59 grammes of a powder containing 37.79 grammes of ketamine and 1.48 grammes of a solid containing 1.23 grammes of cocaine. 

3. On the day in question at about 3 pm police officers mounted an anti-narcotics operation in the flat.  They entered your flat and upon search found the drugs. The drugs were contained in 18 bags of ketamine as well as 6 bags of cocaine.  They also found a total of 94 empty plastic bags inside a container. 

4. You were arrested for trafficking in dangerous drugs and in a video recorded interview you told the police that you were in fact storing it for a person by the name of Wai Hung.  This Wai Hung had left the drugs in your room on 17 December 2012.  He had come on many previous occasions to consume cocaine by inhaling at your flat.  You yourself had a habit of consuming heroin. 

5. The total market value of the ketamine was about $5,300 and the market value of the cocaine was about $2,200.

6. Miss Wong, your solicitor, has mitigated on your behalf before me today. 

7. You are 62 years of age.  You have 16 previous convictions, nine are related to dangerous drugs and one is similar.  In 1995 you had a similar conviction of trafficking in dangerous drugs to which you were sentenced to 5½ years’ imprisonment.  Your last conviction was in 2007 to which you were sentenced to 6 months’ imprisonment for possession of dangerous drugs. 

8. Miss Wong has mitigated on your behalf on the basis that you were storing these drugs for your friend Wai Hung.  She said the 94 empty plastic bags found in your flat were used by you for the ease of storing and carrying of medicines.

9. I have informed Ms Wong that I do not accept your mitigation that that the empty plastic bags were used for the use of storage of medicines.  Although these bags were not exactly the same as those that contained the drugs, they were similar and were large in number.  I draw the irresistible inference that these packets were there for the purposes of containing the dangerous drugs for trafficking. 

10. Another matter advanced in mitigation was that your friend Wai Hung left the drugs with you to store.  I find it difficult to accept that this quantity of drugs together with its value could be left with you by a friend.  There were 24 bags of drugs to the value of approximately almost $8,000. 

11. Whether the drugs were there being stored by you or your were actually going to sell the drugs both relate to the trafficking of drugs, it matters not in terms of sentence. 

12. From the Summary of Facts before me and my rejecting your mitigation, I am satisfied that I can draw the inference that you were actually intending to sell the drugs and the drugs did not belong to your friend Wai Hung.

13. At the material time, defendant, I am told that you were a cleaner earning about $6,400 a month, but 10 days prior to your arrest for this offence you had quit your job as it was taking a heavy toll on you. 

14. You are single and living on your own at the premises in question. 

15. Defendant, the strongest mitigating factor in this case is your plea of guilty.  Your solicitor Miss Wong has rightly said that there are tariffs for trafficking in these types of drugs.  You had two types of drugs in your possession for trafficking.  The largest amount of drugs was for ketamine which was 37.79 grammes, you had 1.23 grammes cocaine. 

16. In sentencing you, I take the individual approach.  The ketamine is the larger percentage of the drugs.  Taking into account the ketamine, had I convicted you after trial, I would have taken a starting point of 5 years 3 months’ imprisonment.  For the cocaine, the total amount was 1.23 grammes, a starting point after trial would be 2 years 3 months. 

17. However, in taking individual approach and looking at the principle of totality, I take a starting point of 5 years 6 months for these two types of drugs. Giving you full credit for your plea of guilty, that term shall be reduced to one of 3 years and 8 months imprisonment to which you shall be so sentenced.