HKSAR v. Lui Kwan Wai

DCCC 994/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 994 OF 2015

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Reasons for Sentence

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1.The Defendant pleads guilty to trafficking in a dangerous drug.

2.In the evening on 27 August 2015, the police put the Defendant under observation.  He was wandering and looking about on Cheung Wong Road near Tong Mi Road, Mongkok.  At times he tried to approach and talk to lone males passing by.  Later, two males in turn exchanged something with him.  Then they walked away quickly. 

3.The police intercepted him for a search.  Hidden under his trousers were 50 packets of a suspected drug, later confirmed to be a mixture of 8.43 grammes containing 5.59 grammes of heroin hydrochloride in total. 

4.After being arrested for trafficking and cautioned, he said that he had only sold 2 pellets of white powder and got $300. 

5.The police seized the heroin and the $300 from him. 

6.In the subsequent video-recorded interview under caution, he said, among others, as follows:

(1) He had sold 2 pellets of “white powder”, ie No. 4 Heroin, for the $300 then seized by the police;

(2) He had 50 pellets of white powder;

(3) His friend had supplied him the white powder for sale;

(4) His reward was to be $700;

(5) He was jobless at the material time.

7.The estimated street value of the drug was $6,853.60. 

8.He is aged 63.  His second wife and 2 daughters are in Mainland China.  He has a long history of various convictions, including possession of dangerous drugs.  However, there is no record for drug trafficking.

9.In early July 2015, he committed an offence of possession of dangerous drugs (KCCC 3449/2015).  In December 2015 he was sentenced to 6 months for it.  He has yet to complete that sentence. 

10.He was on police bail for the last-mentioned case when he committed the present offence of trafficking in late August 2015.  His solicitor Mr. Ng accepts that that shall be an aggravating factor in his sentence. 

11.The Court of Appeal in R v Lau Tak-ming [1990] 2 HKC 370 suggests 2 – 5 years’ imprisonment as the starting point for heroin trafficking of up to 10 grammes. 

12.Without the aggravating factor of committing the present offence whilst on bail for the offence of possession of dangerous drugs, I shall take a starting point of 3 years.  With such aggravating factor, I now take 3 years and 3 months as the starting point.  I reduce it to 2 years and 2 months for his plea of guilty.  There are no other mitigating factors.  This is his sentence.