HKSAR v. LAI WA

DCCC 1276/2024

[2025] HKDC 1343

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1276 OF 2024

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in a dangerous drug". The dangerous drug involved is heroin hydrochloride.

Summary of Facts

2.  About 2:30 p.m. on 10 July 2024, PC 22046 (PW1) stopped the defendant for enquiry at the junction of Cheung Sha Wan Road and Nam Cheong Street.

3.  Upon search, a Vitasoy drink carton (E1) with a drinking straw attached was found inside a red recycle bag ("the Bag") carried by the defendant.  In the presence of the defendant, PW1 cut open E1.  It contained a transparent resealable plastic bag, which was wrapped with 2 pieces of facial tissue.  The transparent resealable plastic bag contained 7 smaller resealable plastic bags which contained :-

(i) 10 packets which contained a total of 1.45 grammes of a mixture containing 1.04 grammes of heroin hydrochloride;

(ii) 30 packets which contained a total of 4.44 grammes of a mixture containing 3.19 grammes of heroin hydrochloride;

(iii) 20 packets which contained a total of 3.99 grammes of a mixture containing 2.84 grammes of heroin hydrochloride;

(iv) 30 packets which contained a total of 5.92 grammes of a mixture containing 4.24 grammes of heroin hydrochloride;

(v) 30 packets which contained a total of 5.96 grammes of a mixture containing 4.24 grammes of heroin hydrochloride;

(vi) 20 packets which contained a total of 10.0 grammes of a mixture containing 7.12 grammes of heroin hydrochloride; and

(vii) 30 packets which contained a total of 15.0 grammes of a mixture containing 10.6 grammes of heroin hydrochloride.

4.  PW1 arrested the defendant for "drug trafficking".  He remained silent under caution.

5.  In his video recorded interview, the defendant admitted, inter alia, that someone ("A") at Kowloon Park has asked him to deliver a package to Nam Cheong Park for a reward of $100.  "A" gave him the Bag and told him to pick up a drink carton placed underneath a park bench.  The defendant went to pick up the drink carton and put it in the Bag.  "A" also told the defendant that someone would approach him in Nam Cheong Park.  The defendant agreed to deliver the drink carton since he was in need of money.  He walked from Kowloon Park to Nam Cheong Park and "A" followed him all the way.

Mitigation & Sentence

6.  The defendant will turn 75 next month.  He has 28 conviction records, which included 5 "trafficking" offences, 8 "simple possession" offences and 8 "Theft" offences.  Defence counsel Ms. Wu informed me that the defendant resides alone in public housing and receives about $3,000 social welfare per month.  His ex-wife passed away about 10 years ago and he has lost contact with his 2 adult children who reside in the mainland.  In mitigation, Ms. Wu submitted that the defendant committed the present offence in order to earn some quick cash.  In terms of his health, the defendant has only 50% hearing capacity in his right ear and his left ear is completely deaf.  He also has high blood pressure and stomach problems.

7.  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 (regardless of their age, young or old) would most certainly be punished by long-term imprisonment.

8.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in heroin (see The Queen v Lau Tak-ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes, the sentence ranges from 5 to 8 years' imprisonment[1].  In the present case, the defendant trafficked in 33.27 grammes of heroin.  Applying a strict arithmetical approach, the appropriate starting point is 6 years and 9 months.

9.  I have every reason to increase the starting point since the defendant is a recidivist drug trafficker.  On the other hand, I note that his most recent conviction of "drug trafficking" is dated 2011.  In view of his age, I would not increase the starting point.  I consider a starting point of 81 months' imprisonment appropriate and just.  With his timely guilty plea, the sentence is reduced to 54 months.   Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 54 months' imprisonment.

10.  The court can only do so much in deterring a repeated offender by way of a heavy penalty.  Whilst the sentence must carry a deterrent effect, it cannot go out of proportion.  The defendant is almost 75.  To live a law-abiding life with dignity during his remaining years or to continue being a criminal is a matter entirely for him.