HKSAR v. Wang Jinliang

DCCC 1065/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1065 OF 2015

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REASONS FOR SENTENCE

1.Wang Jinliang you have pleaded guilty to one charge of trafficking in 5.53 grammes of a crystalline solid containing 5.51 grammes of methamphetamine hydrochloride (‘ice’), contrary to section 4 of the Dangerous Drugs Ordinance[1]; one charge of possession of apparatus fit and intended for the inhalation of ice, contrary to section 36 of the Dangerous Drugs Ordinance; one charge of possession of dutiable goods, namely 76 cigarettes, contrary to sections 17(6) and 46(3) of the Dutiable Commodities Ordinance[2] and one charge of failing to declare the cigarettes to a member of the Customs and Excise Service, contrary to sections 34A and 46(3) of the Dutiable Commodities Ordinance.

2.In summary on 27 October last year you were escorted for investigation and search when entering Hong Kong at the Immigration Arrival Hall of the Shenzhen Bay Control Point. 

3.When asked by CO 98170 if you had anything to declare you replied that you had nothing.  CO 98170 then conducted a search and found the ice in the right front pocket of your trousers and the cigarettes and an inhaling device for the ice in your hand-carry bag.  Under caution you said the ice was for your own consumption and that you did not know you had to declare the cigarettes. 

4.In passing sentence I have carefully considered everything said on your behalf by Mr Shah, including having served a lengthy prison sentence in the 1980’s you became a successful businessman importing garments from China to South Africa. Mr Shah has submitted various documents showing that you became a resident of South Africa.  In 2007 you retired and returned to live in Guangzhou. 

Trafficking in ice and possession of apparatus fit and intended for the inhalation of ice

5.In HKSAR v Tam Yi Chun[3]the Court of Appeal recast the sentencing guidelines for trafficking in ice.  The starting point after trial is between 3 and 7 years imprisonment where the quantity of narcotic is up to 10 grammes. 

Own use

6.I am told that you became depressed after your partner and daughter left you.  Under the influence of dubious peers you began to take ice and now take ice daily. 

7.On the day of your arrest you were coming to Hong Kong to visit your friend Mr Cheng Shu Tak.  This is confirmed by Mr Cheng who has written a letter detailing your friendship with him for over 30 years.  You brought the ice with you to consume in Hong Kong. 

8.You were found in possession of an inhaling device which is supportive that the ice was for your own consumption.  You also told the police the ice was for your own consumption.  The prosecution do not seek to argue otherwise.  In these circumstances I proceed on the basis all the ice was for your own use.      

9.In HKSAR v Chow Kam lung[4], a case concerning importation of drugs into Hong Kong, the Court of Appeal held that where the drugs were all for one’s own consumption this constituted a strong mitigating factor which should be taken into account.

10.I am satisfied the proper starting point after trial for 5.51 grammes of ice is 5 years imprisonment.  Giving you full credit for your plea of guilty the sentence on charge 1 is reduced to 3 years and 4 months imprisonment.  Taking into account all the ice was for your own use I further reduce the sentence by 10 months.  You are convicted and sentenced to 2 years and 6 months imprisonment.

11.I am satisfied the proper starting point after trial for possession of apparatus fit and intended for inhalation of ice is 3 months imprisonment.  Giving you full credit for your plea of guilty you are convicted and sentenced to 2 months imprisonment, which I order to be served concurrently with the sentence on charge 1. 

Possession of dutiable cigarettes and failing to declare the dutiable cigarettes

12.The amount of cigarettes is small.  I am told the duty payable was $145.  Mr Shah says that you are in a position to pay a fine and ask for two weeks to pay. You are convicted and fined $1000 on each charge.  You are given 14 days to pay with 14 days imprisonment in default[5] of payment concurrent on each charge but consecutive to the sentence imposed on charges 1 & 2.