HKSAR v. Tse Ming Wai

HCCC 250/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 250 OF 2017

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

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COURT:

Defendant, on 31 July 2017, you pleaded guilty to two charges before the magistrate at Eastern Magistracy.

The 1st charge to which you pleaded guilty was trafficking in a dangerous drug, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance; the second charge was that of possession of dangerous drugs contrary to Section 8(1)(a) and (2) of the same ordinance.

Both offences were committed on the same date and at the same location. The offence date and location was 25 January 2017, at Room 1221, Hong Kwai House, Cheung Hong Estate, Tsing Yi. On that date, you admitted that you had unlawfully trafficked in 28.29 grammes of a crystalline solid containing 27.19 grammes of methamphetamine hydrochloride; and in respect of the 2nd charge, you admitted that you had in your possession dangerous drugs, namely 0.46 grammes of a solid containing 0.44 grammes of methamphetamine hydrochloride, 8.6 millilitres of a liquid containing methamphetamine, and 20 millilitres of a liquid and 0.01 grammes of a solid containing cocaine.

On 25 January, police officers, acting on information, intercepted you as you were opening the door of Room 1221, Hong Kwai House.

The search warrant of the room was executed, and there was no other person in sight. In the presence of yourself, the drugs as found in Charges 1 and 2 were found on a table in the room. The drugs in respect of Charge 1 were found in a metal box contained in five separate packets. The drugs in respect of Charge 2 were found contained within inhaling devices. Also found on the table was an electronic scale and about 100 unused resealable plastic bag, which were within the metal box.

Upon arrest and under caution, you said, about the cold stuff on the table, half of it was for your own consumption, and the other half was for selling to others. In the video-recorded interview the following day, you stated the cold stuff you referred to at the premises meant methamphetamine hydrochloride. You had purchased the “Ice” from a man called “Ah Hang” for $3,700 a few days ago, and you had intended to reserve approximately 14 to 15 grammes for your own consumption, and would sell the remaining for profit. However, when you were arrested, you had not sold any of them yet. The three “Ice” bottles were for inhaling “Ice”. You had been addicted to “Ice”, and you consume 3 grammes of “Ice” daily on average. You would use the electronic scale to weigh the “Ice”, and the resealable plastic bags for packing the “Ice” for sale.

The street value of the “Ice” in January 2017 was estimated to be $8,119.23.

You are 45 years of age. You have six previous convictions, two are related to drugs. In 1998, you had a conviction for possession of dangerous drugs, for which you were fined $2,000, and in 2012, you had a similar conviction which is of traffickung in dangerous drugs, to which you were sentenced to 3 years’ imprisonment. You were discharged from that term of imprisonment on 10 June 2014.

Mr Chan, your counsel, has informed this court that you have been addicted to “Ice” since 2010. Since your release from prison in June 2014, you had tried your best to overcome your addiction. You had worked as a lorry driver and a part-time delivery worker, earning approximately $15,000 a month.

However, you were unable to rehabilitate yourself, and continued to be dependent on drugs, and as your income was insufficient to support your drug consumption, you purchased drugs and then sold drugs to support your addiction. Mr Chan has informed me by submitting a urine test report two days after your arrest and on 27 January, when you were admitted into Lai Chi Kok Reception Centre, the urine specimen collected showed that you were positive in amphetamine, and that supports your dependency on “Ice”. Mr Chan has continued to endorse your case that 40 per cent of the drugs were for your own consumption, and/or 3 grammes a day, was what you said. I informed Mr Tse that I was unable to accept that such a high amount was being used by you, of drugs a day, and I was not accepting that as much as 50 per cent was used for your own consumption. Mr Tse had nothing to say in respect of my rejection. Therefore, I find that the amount you would have had for your own consumption amongst the drugs you had for trafficking was not a significant proportion to be used for your own consumption. I do not accept that a significant proportion of the drugs were for your own consumption. I therefore do not consider that there should be a discount as to the appropriate starting point.

Defendant, what I do accept, however, as Mr Chan has ably put forward on your behalf, is that since your release from prison in 2014, you have been trying your best to rehabilitate yourself, and have not got into trouble. And despite this is your second offence for trafficking, I do not consider this second offence such that it is an aggravating factor. In the circumstances, there shall be no enhancement to the starting point which I shall take.

Defendant, in respect of Charge 1, you were trafficking in 27.19 grammes of “Ice”. The guideline case for trafficking “Ice” is that of Tam Yi Chun. Defendant, had you been convicted after trial, I would have taken a starting point of 6 years’ imprisonment. Giving you full credit for your plea of guilty, that term shall be reduced to 4 years’ imprisonment.

For Charge 2, had you been convicted after trial, an appropriate starting point would have been one of 12 months’ imprisonment. Giving you full credit for your plea of guilty, that term is reduced to 8 months’ imprisonment.

The term of imprisonment in Charge 2 shall run concurrent to that of Charge 1, and the total term of imprisonment to which you shall serve is 4 years’ imprisonment.