HKSAR v. CHOI KWAI MING

 DCCC216/2011

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 216 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the Brief Facts and I convicted you.

2.  The facts were as follows. On 12 January of this year, at about 1.30 pm, PC53208, PW1, saw you acting furtively near the junction of Nam Cheong Street and Tung Chau Street, Sham Shui Po. PW1 intercepted you, revealed his police identity and conducted a search.

3.  38 packets of suspected heroin wrapped in plastic and white tissue (P1) were found in the left front pocket of your trousers. Whilst PW1 was counting the packets, you volunteered information that you only earned $10 for each packet you sold, and handed $280 to PW1, the proceeds of the trafficking.

4.  PW1 arrested and cautioned you, and you repeated what you had said previously. You added that he had only sold two packets and asked for a chance because of your old age.

5.  During a subsequent video-recorded interview, inter alia, you admitted you had been addicted to heroin since 1965 and sold drugs because your social welfare was not enough. On the day prior to the offence, you had met an unknown male at Yee Kuk Street who solicited you to sell white powder. You agreed and on the day of the offence, you provided 40 packets to be sold at $140 per packet, for which you would receive $10 for each one sold. At the time of your arrest, you had only sold two packets, P1 being what was left.

6.  Subsequent analysis revealed P1 to contain 38 packets containing 6.26 grammes of a mixture, of which 5.12 grammes was heroin. The estimated street value of P1 is about $5,320.

7.  You admitted to eight previous convictions. Six involved drugs and one was a trafficking offence.

8.  Mr Leung on your behalf entered mitigation. He told me that you are 71 years old, educated to primary level and unemployed since 2001. You are in receipt of social welfare. You came to Hong Kong in the 60s and had been addicted to heroin since the mid-60s. You were recruited to sell heroin by an unknown male at $140 per packet, for which you would receive $10 per packet. You accepted on the basis that you found it difficult to manage on social welfare, especially given your addiction.

9.  Mr Leung emphasised that you had been very straightforward and co-operative with the police, and I accept that. It was your intention never to commit the same offence again, and you were now remorseful.

10.  Referring to your health, I was told that in 2010 you suffered a stroke which affected the right side of your body, and presently you are suffering from severe asthma. Indeed, I note today that you appear before me in a wheelchair.

11.  Mr Leung also referred me to four cases which are interesting but took the matter little further. On your behalf, he did concede that this was a serious offence.

12.  I turn now to the sentence. The offence of trafficking in dangerous drugs is both serious and prevalent. The use of the aged and the very young is a feature. The tariff is well-established and well-accepted. 5.12 grammes of heroin hydrochloride fall within the range of 2 to 5 years’ immediate imprisonment.

13.  You have an undistinguished record. However, I do note your poor health, your advanced years and that you were co‑operative with the police, also that you have today pleaded guilty. I take therefore as a starting point 42 months’ imprisonment, being 3 and a half years. Giving you credit for your plea of guilty, this will be reduced by one-third to 28 months.