HKSAR v. TONG KING LUN

DCCC188/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 188 OF 2009

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Reasons for Sentence

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1.  Defendant is charged with one count of trafficking in a dangerous drug.

2.  On 10 December 2008, police intercepted the defendant and another male inside San Diego Hotel. Police found defendant carrying a plastic bag. Inside that bag, there were some bags containing dangerous drugs which were analysed to be 27.75 grammes of a solid containing 17.87 grammes of cocaine. Inside that plastic bag, there were also some empty transparent resealable bags and some paraphernalia for trafficking like paper cutter and electronic scales.

3.  Defendant had a door card to Room 1008 of that hotel. Inside that room, police found some broken resealable plastic bags. Defendant said to the police that he had those drugs for his own consumption, but in court he admitted that he had all those for the purpose of trafficking.

4.  Defendant was born on 23 January 1972, so he is over 18 now. He has a clear criminal record. Defendant’s counsel said defendant has siblings and parents and they were living together. The parents are now suffering from serious health problems and they worry much about defendant because he is now incarcerated. Counsel said defendant was coerced by his big brother to repay money to the latter. Thus defendant had to traffic drugs for him.

5.  Defence counsel rightly points out that trafficking in cocaine is just as serious as trafficking in heroin, so Lau Tak Ming’s tariff applies. He asked me to adopt 5 years as the starting point. But according to Lau Tak Ming, trafficking in heroin (or cocaine) would attract 5 to 8 years’ imprisonment if the quantity of pure drugs is between 10 to 50 grammes.

6.  In the present case, the drugs involved were 17.87 grammes of cocaine in purity. I think the proper starting point should be one of 5½ years’ imprisonment. Defendant pleads guilty. He would be entitled to the usual one‑third discount. But for all the circumstances of this case, I would give defendant a total discount of up to 45 per cent, including his plea of guilty. That would give us a figure of 36.3 months, and I would round it up to 36 months, that is, 3 years.