HKSAR v. Cheung Chiu Keung

HCCC 270/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 270 OF 2015

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

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COURT: The defendant pleaded guilty before me for one count of trafficking in dangerous drugs.

At the small hour of 19 October 2014, the police stopped and searched the defendant in the vicinity of Tsz Man Estate in Tsz Wan Shan.

Upon search, a rectangular article bound up by a black plastic sheet was found inside the defendant’s pocket. It was later confirmed by government chemist that the article contains 27.5 grammes of crystalline solid containing 26.1 grammes of methamphetamine hydrochloride, commonly known as “Ice”.

Under caution, the defendant said “Ah sir, I intended to sell the packet of “Ice” to others for earning some money.” Upon body search of the defendant at the police station, among other things, 40 resealable plastic bags and an electronic scale were found in a waist bag the defendant was wearing.

The defendant is 47 years old and was unemployed at the time he was arrested for the present offence. He had worked as a construction worker and also as a cook. He has been a triad member since he was 12. He has 32 previous conviction records and mostly related to dangerous drugs. Since 1990, he has been convicted of the offence of possession of dangerous drugs for 16 times. He was convicted of trafficking in dangerous drugs twice. First time in 2005, where he was sentenced for 2 years’ imprisonment and the other time in 2010, where he was sentenced for 6 years’ imprisonment. As a matter of fact, he committed the present offence soon after his release from the prison.

Mr Lee(Chan?), counsel for the defendant, urged this court not to enhance the defendant’s sentence because of his records. As he said, the defendant has shown remorse and it is not probable that he will reoffend again.

With respect, I do not share Mr Lee’s(Chan’s?) sentiment. By looking at the defendant’s criminal history particularly the fact that he committed the same offence again soon after his serving of 6 years’ imprisonment, it is hard to believe that the defendant has genuine remorse.

The Court of Appeal has laid down tariffs in respect of the appropriate sentence for different kind of drugs with reference to the quantities of drugs involved. In HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, for trafficking in a quantity of 10 to 70 grammes of “Ice”, the starting point for sentence should be 7 to 11 years’ imprisonment.

Considering the quantities of drugs involved in the present case, that is 26.1 grammes, the appropriate starting point should be 7 years and 9 months’ imprisonment.

In HKSAR v Lau Tsz Ho [2015] 1 HKC 491, the Court of Appeal adopted the guideline for enhancement of sentence laid down in HKSAR v Chung Ping Kun CACC 85/2014 (unreported) (2 July 2014). In Lau Tsz Ho, the Court of Appeal enhanced the sentence of a defendant who trafficked a quantity of 28.48 grammes of “Ice” for 6 months, for the reason that the defendant is a repeated offender.

I would respectfully adopt the same level of enhancement in the present case. The starting point of 7 years and 9 months is therefore adjusted upward to 8 years and 3 months.

Apart from the defendant’s plea of guilty, I can see no valid mitigating factors in the present case.

Taking into account the defendant’s plea, the sentence is reduced to 5 years and 6 months.