HKSAR v. Chiu King Hong

HCCC 209/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 209 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Mr Chiu, you have pleaded guilty to a single offence of trafficking in dangerous drugs. That involved a total of 160 grammes of narcotic, being 130 grammes of heroin hydrochloride and 30 grammes of 6-monoacetylmorphine hydrochloride.

The facts are as follows. On 20 July of 2013, at about 8.30 pm, police officers were conducting an operation and saw a taxi stopping outside Wo Hop Shek Village, Wo Hing Road, Fanling. You were sitting on the front passenger seat. An office saw two men walking from Wo Hop Shek Village towards the taxi. One of the men was holding a brown paper bag. The brown paper bag was passed to you through the car window and then the taxi drove away.

The taxi was stopped by officers nearby. The brown paper bag was seen between your legs. The bag was retrieved and was found to contain 0.33 kilogrammes of a mixture containing 130 grammes of heroin hydrochloride and 30 grammes of 6-monoacetylmorphine hydrochloride.

When asked, you told the police the substance found was heroin and you intended to take it back home, separate it and have it resold.

You were arrested and under caution said, “I only wanted to break down the white powder into smaller units for selling to other people”. The officers retrieved from your trousers pocket two mobile phones and $500 in cash.

A house search revealed, from your bedroom, a functional electronic balance containing traces of heroin, one hammer containing traces of heroin and a pile of empty transparent resealable plastic bags.

The estimated street value of the drug seized was, at that stage, $271,260.

You admit that you possessed those drugs for the purpose of trafficking. You admit to four previous convictions, only one of which involved dangerous drugs, and that was possession. You broadly accept your antecedents statement. That tells me that you are, I think, 22 years of age now, educated to form 2. You were unemployed at the time of your arrest. You are a single person with no health problems. You do admit that you are in breach of a suspended sentence.

On your behalf, Ms Lam entered mitigation. She pointed out the amount of heroin involved fell within the range of 50 to 200 grammes, which is a period of 8 to 12 years. She urged me to take a starting point of approximately 10 years’ imprisonment.

She referred me to the fact that you had made a non-prejudicial statement in an effort to assist the authorities but this had proved fruitless. However, you should be given credit for your efforts to assist.

She referred me to your light record which has only one previous conviction related to drugs. That was an offence of possession. She urges me not to implement the suspended sentence on the basis this was a totally different type of offence, that you are coming towards the end of your period of suspension and you will be required to serve a substantial period of imprisonment in any event.

I note that at the time of being intercepted, you were entirely co-operative with the police and that you have pleaded guilty at an early stage in these proceedings.

I agree with Ms Lam. I take a starting point of 10 years’ imprisonment. You are entitled to, and receive, the full discount of one-third. That reduces it to 6 years and 8 months, which is 80 months.

Given that this is a totally different type of offence from that which attracted the suspended sentence, though that was based on breach of probation, also that it was towards the end and that you are serving a substantial period of imprisonment, I will not impose the suspended sentence.