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HCCC 274/2017
[2018] HKCFI 1297
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 274 OF 2017
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| Before: |
Hon Andrew Chan J |
| Date: |
10 May 2018 at 10.28 am |
| Present: |
Mr Jeevan Hingorani, on fiat, for HKSAR |
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Mr Yuen Kwok-wah Bernard, instructed by Lau, Chan & Ko,
assigned by DLA, for the accused |
| Offence: |
Trafficking in dangerous drugs (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT:
The defendant, Lau Chun-shu, was convicted by a jury of one count of trafficking in dangerous drugs.
Evidence revealed the following facts.
On the evening of 10 June 2016, police officers, armed with a search warrant, gained entry into one premises situated at Room 5, 5th Floor, Cheung Hing Building, Pitt Street, Yau Ma Tei. The defendant, together with a lady, Ms Tang Kit-ching were found inside the premises. Both of them were arrested by police officers.
Upon a search of the premises, police officers found on the floor of the living room, two blue bags containing 3,820 grammes of heroin, 597 grammes of cocaine and 2.08 grammes of methamphetamine.
Inside various parts of the premises, namely, inside the kitchen and on one table the police also seized a mixture of solid and liquid crystallised solid, powder and solid, containing 559.2 grammes of methamphetamine. There were also small amounts of methamphetamine found inside the refrigerator and in a showcase at the living room. In my view these small amounts of methamphetamine can be ignored for the present purpose of sentencing.
Apart from different types and forms of dangerous drugs, electronic scale and resealable plastic bags were also found. I have no doubt that the premises had been served as a distribution centre in supplying different kinds of drugs across the territory.
The defendant is 56, divorced. He claimed to sell clothing at the Lady Market at Mong Kok. He has one similar drug trafficking record in 2005.
Guidelines on sentencing are clear. For the purpose of sentencing, both heroin and cocaine can be treated as the same. In this case, the total quantity of the two drugs amounts to 4,417 grammes, which according to the guideline, that would attract a starting point of 26 years’ imprisonment.
As I said, the defendant has one similar criminal conviction in 2005. In the 2005 case, the defendant was sentenced to 14 years’ imprisonment, and on that occasion, he was found to traffic in about 2 kilogrammes of ‘Ice’, methamphetamine. He was released in January 2004.
This is his second time in committing the same offence, again involving huge amount of drugs. Given his past criminal record, an additional one year would be added to the starting point.
Apart from heroin and cocaine, the defendant was also found to traffic in 559 grammes of methamphetamine. An additional one year would be added to the starting point. The starting point is therefore increased from one of 26 to 28 years’ imprisonment. That is to reflect the overall criminalities of the offence in this case.
The defendant decided to contest the case and no remorse has been shown. As such, no further discount could be given. For the offence the defendant stands convicted, he is therefore sentenced to 28 years’ imprisonment.
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