HKSAR v. Li Hung Po (also known as Li Xiongbo)

DCCC 475/2019

[2019] HKDC 1413

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 475 OF 2019

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Reasons for Sentence

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1.D pleads guilty to trafficking in a dangerous drug.

2.On 15 March 2019 at around 10:29 p.m., D was stopped and searched at Customs Departure Hall, Lok Ma Chau Control Point, N.T. Hong Kong.

3.Body search on D found a plastic packet in the left pocket of the jacket worn by D.  The Government Chemist confirmed that the plastic packet contained 23.9 grammes of a solid containing 13.2 grammes of cocaine.

4.The estimated street value of the dangerous drug is around HK$22,346.50.

5.Upon caution, D admitted that the jacket belonged to him. 

6.TIC records showed that D arrived Hong Kong via Lok Ma Chau Spur Line Control Point at 9:56 p.m. earlier the same day. 

7.At the material time, D had with him the dangerous drug seized for unlawful trafficking.

8.D is 21 years of age, of secondary education level.  He has a clear record.  He was a construction worker before arrest.  On 19 March 2019, after 4 days in detention, he had provided urine sample through CSD for drug examination.  The results revealed cocaine-positive.  This is consistent with his claim in court that he was a cocaine user and intended to keep 2 – 3 grammes of the drug seized for self-use whilst sharing the remainder among friends. 

9.The sentencing guidelines for cocaine trafficking suggest 5 – 8 years’ imprisonment for 10 – 50 grammes (R v. Lau Tak-ming [1990] 2 HKLR applied in Attorney General v. Rojas [1994] 1 HKC 342). 

10.In HKSAR v Chow Chun Sang [2012] 2 HKLRD 1121, the Court of Appeal suggests a discount between 10 – 25% of the basic starting point, to such extent as warranted by the circumstances of the case, where all or part of the drugs seized were for self-use. 

11.I consider a starting point of 5 years (or 60 months).  I reduce it by 10% to reflect the extent of his self-use.  From a starting point of 4 years 6 months (or 54 months), I give a one-third discount for his plea of guilty.  The sentence is 3 years.