HKSAR v. Ning Chi Hung

DCCC 990/2017

[2018] HKDC 746

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 990 OF 2017

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Reasons for Sentence

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1.The Defendant pleads guilty to trafficking in a dangerous drug.

2.At about 7:46 p.m. on 4 September 2017, he was walking in a hurry on Portland Street, Mong Kok, Kowloon, in Hong Kong. He was carrying a sling bag and he kept pressing his hand on the bag. PC 18103 intercepted him for enquiry and search.  In his sling bag was a plastic chewing gum package containing 28 plastic bags containing solid later confirmed to be a total of 5.18 grammes of a solid containing 4.70 grammes of cocaine.

3.The estimated street value was around HK$4,766.  There was HK$467.3 and RMB$28 in cash in his bag. 

4.After being arrested for trafficking in a dangerous drug and under caution, he claimed that the dangerous drug was for self-consumption.

5.In the subsequent cautioned video-recorded interview.  He stated, inter alia, that:-

(i) He currently lived in Shenzhen;

(ii) He used to be a security guard working at Tuen Mun. After sustaining injuries in the course of his employment, he currently receives a periodical payment of HKS11,000 per month;

(iii) He was not a claimant of CSSA;

(iv) The Exhibit belonged to him. He knew it was cocaine;

(v) He had bought the cocaine from a male called "Ah Keung" in Mong Kok for HK$8,400 on 4 September 2017 at about 2:00 p.m. He only had less than HK$9,000 that day;

(vi) After he bought the cocaine, he was strolling around in Mong Kok until he was intercepted by PW1; and

(vii) He was a drug addict of cocaine and he would consume 10 plastic bags of cocaine per day.

6.His urine test report indicated negative result for cocaine.

7.In mitigation, I am told that he is 57 years of age.  He had a burglary record in 1987.  He worked as a security guard but sustained injuries.  He received medical allowance which would expire when he recovered.  He has to financially support his wife and 7-year-old son in China. 

8.The sentencing guidelines for trafficking below 10 g of cocaine indicate 2 – 5 years (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

9.I take a starting point of 3 years.  I give him a 25% discount for his indication of plea of guilty 2 weeks before trial.  He has no other mitigating factors.  The sentence is 2 years 3 months.