HKSAR v. Choi Hoi Hang

HCCC 15/2018

[2018] HKCFI 1165

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 15 OF 2018

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Defendant, on 8 January 2018, you pleaded guilty before a magistrate at the Eastern Magistrates’ Court to an offence of trafficking in dangerous drugs. As a result of your plea of guilty, you have been committed here to the Court of First Instance for sentence. You have admitted that on 5 April 2017 at Room 211, Ching Chui House, Ching Ho Estate, Sheung Shui, you unlawfully trafficked in 33.55 grammes of a mixture containing 21.94 grammes of heroin hydrochloride, 49.18 grammes of a crystalline solid containing 43.20 grammes of methamphetamine hydrochloride and 60 tablets containing 0.9 grammes of midazolam.

On 5 April 2017, police officers acting on information conducted an anti-narcotics operation outside the premises as stated in the charge. At about 2155 hours, two persons were seen approaching the premises. Upon seeing the door opening, the officers rushed into the premises and found you and another female inside. A house search was conducted and the drugs as stated in the charge were found on a table and inside a drawer in the sitting room. There were, in total, 28 packets of drugs and 60 packets of midazolam. Also found was an electronic scale, spoons, a bundle of plastic wraps and about 84 unused resealable plastic bags.

You were arrested and cautioned and at that time you said the drugs were for your own consumption. You now admit and accept that you were trafficking in the dangerous drugs seized in this case.

The estimated market value of the heroin was $24,726. The methamphetamine was $15,277 and the midazolam was $2,640, making a total estimated market value of all the drugs to be $42,643.

Defendant, you are 39 years of age. You have two previous convictions related to dangerous drugs, none of which are similar. You are a drug addict and Mr Ross, your counsel, informed me that three days after your arrest whilst in custody you had tested positive for amphetamines, opiates and morphine. Prior to your arrest you worked as a truck driver. You live with your parents and your mother is suffering from ovarian cancer and has had two operations. Mr Ross has said you are the sole breadwinner of the family and as a result of the commission of your offence, not only have you suffered but your family has suffered as a result.

In this case, there are three types of drugs involved. For the purpose of sentencing, I shall disregard the nominal or small amount of midazolam. The Court of Appeal has laid guidelines for trafficking in heroin and ‘Ice’. For heroin, the case laying down the guideline is Lau Tak Ming.

I shall take the combined approach in sentencing you for these two drugs. You were trafficking in 21.94 grammes of heroin. Had you been convicted after trial, that would have attracted a sentence of 5 years and 9 months’ imprisonment. ‘Ice’ is the more potent drug and therefore I shall convert the heroin to that of ‘Ice’. The equivalent amount of ‘Ice’ would equate to approximately 7 grammes of ‘Ice’. You were also trafficking in 43.20 grammes of ‘Ice’. Adding that 7 grammes to the 43.20 grammes would make a total of 50.20 grammes of ‘Ice’. In following the guidelines as laid down by Tam Yi-Chun, the appropriate sentence for a total of 50.20 grammes of ‘Ice’ would be 9 years and 6 months.

You have pleaded guilty at the earliest opportunity and in those circumstances, you are afforded a full one-third discount, and in the circumstances, that term shall be reduced by one-third and you shall be sentenced to 6 years and 4 months’ imprisonment.