HKSAR v. TANG SIU PANG AND ANOTHER

DCCC 1098/2024

[2025] HKDC 1640

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1098 OF 2024

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REASONS FOR SENTENCE

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D1 and D2 pleaded guilty to a joint charge of "Trafficking in dangerous drugs". The narcotics involved are cocaine and ketamine.

Summary of Facts

2.  About 1:06 a.m. on 9 February 2024, at the junction of Fuk Man Road and Chan Man Street in Sai Kung, PC 33037 (PW1)  intercepted D1 for an ID card check.  D1 claimed having left his identity card in his car WF4542 ("the Car")  parked nearby.

3.  PW1 followed D1 to the Car, which was parked outside No.24 Chan Man Street.  D2 was sitting in the front passenger seat.  Feeling suspicious, PW1 searched the Car and found the following items :-

In the front passenger door storage compartment:

(i)  17 plastic bags which contained a total of 10.0 grammes of a solid containing 8.37 grammes of ketamine (collectively E1);

(ii)  16 plastic bags which contained a total of 4.33 grammes of a solid containing 3.56 grammes of cocaine (collectively E2);

In the storage box between the driver's seat and the front passenger seat:

(iii)  20 plastic bags which contained a total of 5.45 grammes of a solid containing 4.48 grammes of cocaine (collectively E3); and

(ii)  $3,619 cash.

4.  Both D1 and D2 were arrested for "drug trafficking".  Under caution, D1 admitted that he was paid $1,500 to drive D2 to deliver drugs.

5.  In his video recorded interview, D1 admitted that he met D2 on the internet.  D2 hired him as a driver for $1,500.  On 8 February 2024, D1 rented the Car from a car rental company for $5,000 per month.  He handed over the Car to D2 around 7:00 p.m. on the same day and they parted.  About 10:00 to 11:00 in the same evening, they met up in Yau Ma Tei and boarded the Car.  D1 then drove the Car to the offence location on D2's instructions.

6.  In his video recorded interview, D2 admitted that he met D1 on the internet.  About 10:30 p.m. on 8 February 2024, D2 boarded the Car in Yau Ma Tei with D1 as the driver.  D2 claimed that the 33 plastic bags of dangerous drugs found in the front passenger door storage compartment were "Coke".  He also admitted that the $3,619 cash found in the Car belonged to him.

Mitigation

D1

7.  He is 33 and has 2 conviction records which included 3 "Theft" offences.  His counsel Mr. Lam informed me that D1 is single and was a construction worker.  In mitigation, Mr. Lam stressed D1's guilty plea.

D2

8.  He is 25 and has a clear record.  His counsel Mr. Chong informed me that D2 is single and resides with his parents and younger sister.  D2 has been working in the IT department of a bank for 2 years earning $20,000 per month.  In mitigation, Mr. Chong submitted that D2's trouble began when he took out a $100,000 loan from a finance company for a friend.  That friend defaulted in his repayments and eventually became out of touch.  As a result, D2 foolishly committed the present offence in order to pay off the loan borrowed under his name.

Sentence

9.  Drug abuse has been a long-term problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper)  and that drug traffickers (even fresh young offenders)  would most certainly be punished by long-term imprisonment.  Also, being in financial difficulty (however serious)  is no mitigating factor for committing a crime.

10.  As a judge, I see day in and day out persons in my court being charged with "drug trafficking".  Many of them were just like D2 – persons in their 20s who got involved with dangerous drugs for various reasons.  The court must make it clear that young age or clear record is hardly a mitigating factor in drug trafficking cases.

11.  When young people realize that the court would not treat young drug traffickers lightly, there would be, hopefully, fewer willing souls; thus making it difficult for criminals to exploit our youngsters.  Undoubtedly, most of them are "used" by bad persons (or so they claim).  That is the reason why we need to make young people think twice before they agree to be "used".

12.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370)  and ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1).  For up to 10 grammes of cocaine, the sentence ranges from 2 to 5 years' imprisonment[1].  For up to 10 grammes of ketamine, 2 to 4 years' imprisonment.  

13.  In determining the proper starting point, I have reminded myself of the sentencing principles for trafficking in cocktail drugs stated in HKSAR v Yip Wai Yin & another CACC 80/2003 and HKSAR v Cheng Yat Ming CACC 455/2006. In the present case, the defendants trafficked in a cocktail of drugs consisting of 8.04 grammes of cocaine and 8.37 grammes of ketamine.  For 8.04 grammes of cocaine, applying a strict arithmetical approach, the appropriate starting point is 53 months' imprisonment.  Similarly, for 8.37 grammes of ketamine, 44 months.  In my view, the "combined approach" would arrive at a realistic and fair sentence. 

14.  Since cocaine is more potent than ketamine, it shall form the basis of the starting point.  Hence, I adopt a starting point of 53 months' imprisonment and adjust it upward by 7 months for the ketamine, arriving at 60 months.  With the timely guilty plea, the sentence is reduced to 40 months.  In my view, even if D1 and D2 have each played a different role, they acted as a joint enterprise and are equally culpable.  For the purpose of sentencing, there is no need to distinguish their roles or to apportion their culpability.  I sentence them each to 40 months' imprisonment.