HKSAR v. CHEUNG KWOK KUEN

DCCC913/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 913 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that on 29 June 2011 at your home at Tin Shui Wai you unlawfully trafficked in 11.06 grammes of a crystalline solid containing 7.56 grammes of methamphetamine hydrochloride, otherwise known as “Ice”.  

3.  On that day at about 1940 hours, police officers entered your home at Grandeur Terrace, Tin Shui Wai Road with a search warrant.  At the time the officers entered you were sitting on a sofa holding a plastic bag containing drugs and in the other hand was a plastic straw segment.  On the table there were 17 plastic bags containing “Ice”.  There was also one electronic scale and one plastic bag containing 16 plastic bags and a roll of adhesive tape. 

4.  You were arrested and cautioned. Under caution you admitted the “Ice” belonged to you.  In a subsequent video record interview you admitted that you had purchased the “Ice” from an unknown person for $11,000 and it was for the purpose of repacking and reselling to your friends.  You would sell a plastic bag of “Ice” weighing 0.3 grammes at $300 and a bag weighted 1.75 grammes at $1,200. 

5.  Your solicitor Mr Yuen has mitigated on your behalf today and I have taken into account all that he has had to say. 

6.  You are 23 years of age and are of clear record. In summary, Mr Yuen has said that you committed this offence as you were in financial difficulties and wanted to support your drug habit. 

7.  In your own handwritten letter to me this morning you have told me that you are remorseful and that you had faced financial difficulties as you were unemployed.  You have learned a hard lesson since being incarcerated for the past 3 months.  Furthermore, at the time of the offence you lived with your parents and worked as a Shanghai dim-sum master and gave a large contribution to them from your income.  As a result of the commission of this offence, your parents are very disappointed and you are sorry that you unable to take care of them.

8.  Mr Yuen has informed me that you know this is a very serious offence and you know that the sentence you will receive is one of an immediate term of imprisonment.

9.  In following the tariff guidelines laid down in AG v Ching Kwok Hung CAAR15/1990, you had trafficked in 7.56 grammes of “Ice”, and in those circumstances had I convicted you after trial I would have taken a starting point of 5 years and 9 months’ imprisonment.   However, you have pleaded guilty and therefore that sentence should be discounted by one-third and you shall be sentenced to 3 years and 10 months’ imprisonment.