HKSAR v. Cheung Shing Tsun

HCCC 210/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 210 OF 2017

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:  Mr Cheung, stand up.

Mr Cheung, you have pleaded guilty to one count of trafficking in dangerous drugs, contrary to 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134 and you accepted that you were in possession of 16.1 grammes of methamphetamine hydrochloride, or “Ice” as it is commonly called, with intent to supply that to others. You stand convicted upon your own plea. The Summary of Facts has been read out in court today and you have agreed them.

In summary, you were apprehended in the early morning of 16 November 2016, outside Block 3 of Po Tin Estate and found to be in possession of one resealable plastic bag containing what appeared to be 687 grammes of a solid of which there was, in fact, only 16.1 grammes of “Ice”. That was hidden within a soft Chanel bag. On arrest, you admitted carrying the drugs for someone else.

Just 16.1 grammes of “Ice” had a street value of some HK$230,145, because it is assumed that you intended to sell the 687 grammes of solid as if it were “Ice” of the usual purity, which is normally around 98 per cent. According to the bundle of photographs, the solid certainly looks like “Ice”.

I have read the references that have been provided and I note that you did have a difficult childhood, which is very unfortunate, but it is not a licence to become a criminal.

You are 22 years of age only. A resident of Hong Kong, with education up to Form 3, and you’ve previously been employed as a kitchen worker, transportation worker, and doing recycling work, which, Mr Cheung, I suspect does not pay very much, and was irregular.

You have told the police, and you say through counsel today that you started taking “Ice” at 18, and that you consumed about 0.3 grammes three to four times per week. I can’t see how you could afford that sort of habit on the employment which you say you had. So, either you are not being completely frank with the court today, or you had another form of income which supported your habit. I don’t know which is the case and I have no evidence before me to assist me.

I doubt if you would have been taking the drugs found in your possession because the purity level was very low indeed. I note your criminal record is limited and does not concern drug-related matters. I will not take it into account when passing sentence upon you for this offence.

The relevant sentencing guideline for the offence of trafficking in “Ice” is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 10 and 70 grammes of “Ice”, the sentencing range, as I am sure you have been told, is between 7 and 11 years. So for trafficking in 16.1 grammes of “Ice”, the starting point after trial is therefore 7 years and 6 months.

It is to your credit that you pleaded guilty at the first opportunity and therefore are entitled to a full one-third discount. But there is no other mitigation, as ably advanced as it was on your behalf by Mr Wong, which can actually affect the sentence which I am now passing. You will go to prison for 5 years.