HKSAR v. Cheng Hon Piu

HCCC 316/2018

[2019] HKCFI 1847

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 316 OF 2018

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

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COURT:

Defendant had pleaded guilty in the Magistrates Court to one count of trafficking in a dangerous drug, namely, 163.70 grammes of a crystalline solid containing 156.80 grammes of methamphetamine hydrochloride, 95.90 grammes of a mixture containing 73.39 grammes of heroin hydrochloride and 12.80 grammes of a solid containing 11.40 grammes of cocaine. He has also pleaded guilty to possession of dangerous drugs, namely 92 millilitres of a liquid containing 0.04 grammes of a solid containing cocaine and 42 millilitres of a liquid containing 0.08 grammes of a solid containing methamphetamine.

The facts are quite simple in that on the day of the offence, police officers gained entry into the room where the defendant was the sole tenant. The defendant was inside and upon a search, the drugs were found, including the liquid containing drugs in two plastic bottles. Also found was an electronic scale and nine piles of empty transparent resealable plastic bags.

The defendant was arrested and under caution, he admitted that he possessed all the dangerous drugs seized for resale. He also said that the bottles were used for inhaling ‘Ice’ and cocaine. The defendant was also found in possession of two mobile phones and amongst other things, cash HK$39,000.

The defendant claimed that he bought the drugs from someone in Kwun Tong for about $90,000 and he intended to sell them at a thousand dollars per 1.5 grammes. He also admitted he was a drug addict. Defendant also told the police that he is a CSSA claimant getting around HK$3,000 subsidy a month.

The estimated street value of the drugs seized is in the region of $174,129.

The defendant is aged 61 and is a frequent visitor to the courts. He has had some 14 previous convictions, all drug‑related I am told, including two for trafficking in dangerous drugs. He was convicted of trafficking in dangerous drugs in 1993 in the High Court and sentenced to 11 years’ imprisonment and then in 2010, he was convicted again for trafficking and sentenced to 52 months’ imprisonment.

The drugs in this case is, as Ms Tsang said, a mixture of methamphetamine, heroin and cocaine and as Ms Tsang had submitted, for a combination of drugs, the court may take an individual approach or the combination approach, as pointed out in the case of HKSAR v Yip Wai Yin and Anor in 2004. In this case, I think the most fair approach would be one of the combined approach.

So adding all the drugs together would give us a total of 241.59 grammes and I will combine it and follow the guidelines laid down for methamphetamine, so in the case of Tam Yi Chun, the recommended guideline sentence after trial for 70 to 300 grammes would be 11 to 15 years’ imprisonment. So for this amount of 241.59 grammes, I consider that a starting point sentence of 14 years’ imprisonment is appropriate.

Taking into account the fact that he tendered his plea in the Magistrates Court, I will give him the full one-third discount, thus reducing the sentence on Count 1 to 9 years and 4 months.

In relation to the 2nd count of the possession of the liquid drugs, I consider a starting point sentence of 18 months’ imprisonment to be appropriate, reducing it to 12 months because of his plea and taking the totality principle into account, I order that the sentence in the 2nd count be served concurrently to the sentence in the 1st count.

So the defendant goes to prison for 9 years and 4 months.