HKSAR v. Cheung Siu Wing

DCCC 326/2018

[2018] HKDC 1279

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 326 OF 2018

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Reasons for Sentence

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Charge and facts

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

2.After going through the Automated Passenger Clearance System (e-Channel) and creating a departure travel record at Customs Departure Hall, Hong Kong - Macau Ferry Terminal, Sheung Wan, in Hong Kong at 21:59 on 27th January 2018, the Defendant was intercepted by Customs Officer 12209 ("PW1") for a check. Ionscan check on his belongings yielded a positive result for cocaine and he was detained for a body search.

3.Customs Officer 12224 ("PW2") found an adhesive bandage sticking onto his crotch. A transparent plastic bag (E1) containing 3 smaller transparent plastic bags (E2) was found in a tissue paper covered by the adhesive bandage.  E2 contained a total of 5.62 grammes of a solid containing 4.45 grammes of cocaine, whose estimated market value is HK$5,164.78. The narcotics content of the substance was subsequently confirmed by the Government Laboratory.

4.He was arrested and under caution, he told PW2 that the substance was cocaine, which he purchased at HK$5,000 for his own consumption.

5.A mobile phone, 2 SIM cards, a ferry ticket from Hong Kong to Macau, and cash of HK$380, ¥36.80 Renminbi and Macanese pataca $110 were found in his possession.

6.In a subsequent interview with PW2, he stated the following under caution, as recorded in a record of interview:

(1) He was about to take a ferry to Macau when he was intercepted by Customs officers;

(2) The solid found at his crotch was cocaine he purchased at HK$5,000 for his own consumption;

(3) He hid the cocaine in his crotch to avoid detection;

(4) The cocaine found is the amount he would consume for one dose;

(5) This would have been the second time for him to consume cocaine;

(6) He earned about HK$30,000 per month.

7.The Defendant possessed 4.45 grammes of cocaine for the purpose of trafficking.

Mitigation

8.The Defendant is 25 years old, of a clear record.  He was a computer technician before arrest.  He lives with his mother and younger sister.  He contributes one-third, ie $10,000, of his income to his family.  His counsel Mr. Woon tells me that the whole amount of drug was for his own consumption. 

Sentencing considerations

9.It is 2 – 5 years’ imprisonment for trafficking below 10 g of cocaine (Attorney General v Rojas [1994] 1 HKC 342; R v Lau Tak Ming [1990] 2 HKLR 370). 

10.Where the drug imported or exported was all for self-use, the courts have lowered the basic starting point by 25% (HKSAR v MAK Wai Ming [2012] 2 HKLRD 418; SJ v Chan Chun Fai [2011] 3 HKLRD 116). 

Sentencing the Defendant

11.I consider a basic starting point of 3 years 4 months or 40 months appropriate.  As there is nothing to contradict his claim of self-use, I accept it to be true.  So I lower the actual starting point to 30 months.  One-third off for his plea of guilty, the sentence is 20 months.