HKSAR v. Chiu Ah Hung

DCCC 900/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 900 OF 2015

-----------------

------------------

---------------------

Reasons for Sentence

---------------------

1.The defendant has pleaded guilty today to two counts of trafficking in a dangerous drug. The two charges involve cocaine totalling 28.68 grammes. The facts are that the police targeted the defendant’s home. That means they had information, very accurate information, leading to the defendant’s involvement with drugs. On 18 August, the police waited for the defendant outside his home and just before midnight they stopped and searched the defendant and found one transparent resealable plastic bag of drugs in his front pocket.

2.The defendant admitted to the police that the drugs in the bag were cocaine and that there was more inside his home.  That bag is the subject to Charge 1 and totals 19.8 grammes of cocaine.

3.The police in the defendant’s home found more drugs in a bag in a drawer in his bedroom.  The drugs were packaged in 47 small transparent resealable bags totalling 8.88 grammes of cocaine.  That amount is the subject of Charge 2.

4.In the bag with the drugs the police also found an electronic scale, a paper cutter and a bunch of small empty resealable plastic bags.  These are all paraphernalia normally associated with packaging drugs.

5.The defendant fully cooperated with the police at the time of his arrest and in subsequent video-recorded interviews.  He explained that he was convinced by someone called “Ah Dick” to package cocaine into smaller plastic bags for $500 on each occasion. 

6.In mitigation I have been told that the defendant believed Ah Dick when he said that he was packaging drugs, and it was not as serious as selling nor was he actually trafficking drugs.  That could not be further from the truth.

7.The street value of all the drugs for both charges adds up to $28,000-odd.

8.The defendant is a young man with a clear record.  This has shocked his family and fiancée.  He was a man with a bright future and a loving family who committed these offences to make some extra money.  He really was naïve and this is truly a fall from grace.  I don’t normally see young men like this in court before me. 

9.The defendant is well-educated. I am sure now the defendant see the seriousness of the offences.  He may not have actually sold anybody drugs, but his actions facilitated the drug trade. 

10.Drugs have a huge negative impact on society and is therefore quite rightly dealt with harshly in the courts.

11.Mr Cheung had said all he can in mitigation on behalf of the defendant.  As I have said, the defendant is a man with a clear record, he is only 29 years old and engaged to be marry next year.  His antecedents lists his previous employers which involve several banks.  With each job he seems to have moved up the career ladder.  I am told that he would contribute half of his salary and commission to his parents. With a pending marriage, he wanted to improve his financial position hence committing these offences.  Sadly, that has all changed now.

12.I have seven letters before me from the defendant himself, his girlfriend, his family as well as a previous employer and a present employer.  All say the defendant acted out all of character.  I am sure, from reading the letters, he is genuinely remorseful, unlikely to reoffend and he is lucky to have such a supportive family.

13.There are guidelines for trafficking cocaine.  It is the same as trafficking heroin.  I refer myself to the authority Queen v Lau Tak Ming [1990] 2 HKLR 370.  There the Court of Appeal have said where between 10 to 50 grammes of heroin is trafficked, an appropriate starting point would be between 5 to 8 years. This applies to cocaine.

14.There are two charges here but that is because some drugs were found on the defendant and some in his home, but I will take a global approach and take into account the total amount is 28.86 grammes.

15.With that amount and the Court of Appeal guideline, I should take a starting point of just under 6½ years, but I take into account that they are guidelines, and in this case the mitigation is very good, those include your clear record, your full cooperation, your genuine remorse and abundant family support behind you.  You had a bright future, and I am sure that you will work hard after your release to get back on that track. 

16.I am going to lower that starting point for that global approach to 5 years and 3 months.  You pleaded guilty, you are entitled to a discount of one-third.  After I reduce that discount of 21 months, the total sentence will be one of 3 years and 6 months.

17.There are two charges: Charge 1, I will impose a sentence of 3 years and 6 months; Charge 2 is one of 2 years and 8 months.  Both to be served concurrently.  That is a total of 3 years and 6 months.