HKSAR v. NG SAI WAN

DCCC506/2007

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 506 OF 2007

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Reasons for Sentence

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1.   The defendant pleads guilty to one count of trafficking in a dangerous drug.

2.   On 21 March 2009, a team of police officers carriedout anti-drug duties in the Mong Kok and Sham Shui Po areas. At about 6.18 pm, while one of the police officers was conducting surveillance at the staircase of the rear portion of 5th Floor, No. 43A, Tai Kok Tsui Road, Mong Kok, Kowloon, he saw the defendant opening a door of the said premises and coming out therefrom. The defendant appeared to be nervous and was holding onto his right jeans pocket with his right hand.

3.   The police officer then intercepted the defendant for investigation. The police officer performed a search on the defendant and found from his right front jeans pocket a red plastic bag containing some plastic wrappings, which contained white powder suspected to be a dangerous drug. The police officer then arrested the defendant for trafficking in a dangerous drug and cautioned him.

4.   Under caution, the defendant said he was in need of money and so he delivered the dangerous drug for someone else. In a subsequent video recorded interview, the defendant stated that he would receive a reward of $800 for the delivery of the dangerous drug which was white powder.

5.   The dangerous drug was subsequently examined by the Government Chemist and was found to contain 45.9 grammes of a powder containing 37.75 grammes of heroin hydrochloride.

6.   The defendant is now aged 51. He has 16 previous convictions with one related to trafficking in dangerous drugs and eight others related to dangerous drug offences. The last conviction was in 2003.

7.   The defendant got married recently with a mainland resident. According to the defendant’s solicitor, the defendant was unemployed before his arrest but he used to work as a mechanic earning about $14,000 a month. As the defendant was unemployed and was under financial pressure, he committed the present offence, and according to the solicitor the defendant was remorseful for his crime.

8.   Trafficking in a dangerous drug is a very serious offence, in particular, in the present case, the quantity of drug involved was substantial. According to the sentencing guideline as laid down in Lau Tak Ming, trafficking in heroin in the amount of 10 to 15 grammes would attract a sentence in the region from 5 to 8 years’ imprisonment.

9.   As 37.75 grammes of heroin hydrochloride was involved in the present case, I adopt a starting point of 7 years’ imprisonment. Giving the defendant one-third discount for his plea of guilty, the sentence is reduced to one of 56 months’ imprisonment. I do not find that there is any other mitigating factor which justifies a further reduction in the sentence and this is the sentence I impose in the present case.