COURT: Mr Wong, you had on 18 April 2024 pleaded guilty at the magistracy level to two counts, one is trafficking in dangerous drugs, and the other is possession of an identity card relating to another person.
So far as the trafficking in dangerous drugs charge is concerned, you are charged with trafficking in 27.5 grammes of a crystalline solid containing 27.1 grammes of methamphetamine hydrochloride.
The facts are as follows. At around 9.52 pm on 10 May 2022 while a police officer was patrolling with his teammates in the area of Sham Shui Po area, they saw a private car bearing registration number XN3013 stopping outside No. 107 Nam Cheong Street. At that time, you were sitting in the front passenger seat. As you acted in a furtive manner, police requested you and the driver to alight from the vehicle for inquiry.
When police was making inquiry with you, you were holding a carton box drink. Upon checking the box, it was found that
the bottom of the box was torn. Inside the box, a piece of tissue paper containing a transparent resealable plastic bag containing 27.5 grammes of a crystalline solid containing 27.1 grammes of methamphetamine hydrochloride was found.
Police asked you to produce your proof of identity. In response, you took out an identity card from a bag that you were carrying and told the police that the ID card did not belong to you. You further claimed that you picked up the ID card from the street earlier and you had lost your own ID card.
The ID card bore the name of Iu Ka-chun and further you were questioned about your identity and you claimed your name was Wong Wing-ha and gave the police your ID card number.
You were then arrested. Under caution at the scene, you claimed that the drugs was ‘Ice’ and you purchased them for your own consumption from the driver of the vehicle for HK$6,000. You claimed that you had yet to pay her the outstanding balance of HK$2,000. On the other hand, you claimed that you lost your ID card earlier that day and you picked up the ID card of Mr Iu in Tsuen Wan about a week ago.
A caution video-recorded interview was later conducted with you. Under caution you stated, among other things, that you purchased ‘Ice’ from the driver with HK$6,000. You paid HK$4,000 cash to your friend Hei Gor two days ago as deposit and Hei Gor passed the sum to the driver.
On 10 May 2022, you got onto the vehicle in Tsuen Wan and after passing the ‘Ice’ to you, the driver told you that she would go to Mong Kok, as you want to go to Mong Kok to buy apparatus for consuming ‘Ice’ and it was difficult to hire a taxi at that time. You remained in the car and let the driver drove you to Mong Kok. You intended to pay the remaining balance of HK$2,000 to the driver when you got off from the car. You also claimed you normally purchased dangerous drugs once a month so as to lower the risk. All three mobile phones seized belongs to you. However, you cannot recall which one you had used to contact the driver and regarding the ID card, you remained silent.
The identity card is a genuine Hong Kong identity card which relates to Mr Iu and Mr Iu confirmed that he lost his ID card on the minibus on 15 February 2022 and he had reported loss on the same day.
The estimated market price of methamphetamine hydrochloride involved was HK$12,595.
House search was later conducted at the reported address of yours. No incriminating item, including drug consumption paraphernalia was found therein.
You now admit and accept that at all material times, you unlawfully trafficked in 27.5 grammes of a crystalline solid containing 27.1 grammes of methamphetamine hydrochloride, and you possessed a Hong Kong ID card bearing number so and so, which relates to another person, namely Mr Iu, without lawful authority or reasonable excuse.
Background of you
You were born in Hong Kong on 7 January 1990. You are now aged 34. You do have previous convictions for possession of dangerous drugs, gambling, and two fraud. And in fact, you committed the present offence while you are on bail for the attempted fraud. Not only you jump bail for that attempted fraud but you remained at large until you were arrested for the present offence.
You are educated up to Form 5 and you have been a car technician with a monthly salary of HK$18,000 per month. You claimed you had a habit of taking dangerous drugs, in fact, ‘Ice’. From your record and the urine test when you were admitted to the Correctional Services Department, I have no hesitation in accepting that you are a drug addict. Prior to your arrest for the present offence, you lived with your parents in Tsing Yi, I suppose a government house.
For the 1st count, it involved the dangerous drug methamphetamine hydrochloride, commonly known as ‘Ice’. And according to the case of Tam Yi Chun, that quantity of ‘Ice’ fall into the bracket of 7 to 11 years.
I have no evidence before me to suggest that you are other than a courier. I would therefore place your culpability at the lowest end of the scale and I will take an initial starting point of 8 years and 2 months.
In mitigation, it was urged upon me that a significant part of the ‘Ice’ in question was for your own consumption. The figure given by you is about 25 per cent. You rely on the positive urine test and your previous conviction to persuade me that part of the ‘Ice’ was for your own consumption. In fact, you go so far to suggest 7 grammes, that is about 25 per cent of the drugs, was for your consumption. It is confirmed that I do not have to hold a Newton hearing as you are not going to call any evidence but just rely on those two materials that I said earlier.
I am afraid that I cannot accept your claim simply based on your previous conviction of possession of dangerous drugs in 2010 and also your positive urine tests. Because you might be a drug addict and as I say, I accept that you are a drug addict. But given the drugs were found in one packet, there was no apparatus for taking drugs found upon your arrests. Furthermore, the house search did not reveal any apparatus for taking ‘Ice’. I therefore would not give you any discount for self-consumption, let alone a significant portion of it.
There is an aggravating factor in the present case, in that you commit the present offence while you were on the run. In fact, had you not been arrested for the present offence, you may still remain at large. In view of that aggravating factors, I will adopt a starting point so far as the 1st count is concerned, 8 years and 6 months.
Other than your plea of guilty, I can see no other mitigating factor. And I will give you one-third discount for your earlier plea. So for the 1st count, the sentence will come down to 5 years and 8 months. As to the 2nd charge, which is possession of an identity card relating to another person, according to the facts, not only you were in possession of an identity card relating to another person, you also do not have any proof of identity on you. And at the material time, as I have said before, you had jumped court bail. I believe you were in possession of the identity card relating to Mr Iu in order to hide your own true identity.
As said in the case of Li Chang Li, possession of an identity card relating to another person without lawful excuse or reasonable excuse is a serious matter and on a plea of guilty, a 12 months’ imprisonment is appropriate.
I would therefore, guided by the Court of Appeal in the case of Li Chang Li, sentence you to 12 months’ imprisonment for the 2nd charge. And that had already taken into consideration of your early plea.
The final question I have to decide is whether the 12 months’ imprisonment for the 2nd count should run consecutively, partly consecutive and partly concurrent, or all concurrent with the 1st charge for dangerous drugs. There is no doubt that the two offences are quite separate and different, although committed on the same occasion. I
am of the view that the 12 months’ imprisonment should run consecutive to the 5 years and 8 months which I passed on you for the dangerous drugs charge. I am of the view that in the circumstances, a total sentence of 6 years and 8 months is not excessive for the offences which you have committed.
So I so order that 12 months’ imprisonment for the 2nd count is to run consecutive to the dangerous drugs count, and the total sentence I pass on you is one of 6 years and 8 months.