HKSAR v. Zeng Wing Hoi, Marco (also known as Zeng Tian)

DCCC 430/2019

[2019] HKDC 1513

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 430 OF 2019

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Reasons for Sentence

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

2.On 20 March 2019 at around 2100 hours, A/SCO 12224 (PW1) and CO 1611 (PW2) were on duty at Customs Departure Hall, HK-Macau Ferry Terminal, Sheung Wan.  PW1 intercepted D for Customs clearance at the Customs Departure Hall.  An ion-checking was conducted on D’s personal belonging with positive result for suspected cocaine.  D was thus led to Room M266 there for further enquiry.

3.Upon personal search by PW2, the following exhibits were found inside D’s left and right socks respectively:

(1) 34 resealable transparent plastics bags containing white substance (“E1”)

(2) 34 resealable transparent plastic bags containing white substance (“E2”)

4.At about 2105 hours on 20 March 2019, PW2 arrested and cautioned D.   Between 2135 and 2215 hours on 20 March 2019, a post-recorded statement was taken from D by PW2 in Punti language.  

5.Under caution, D stated, inter alia, that:

(1) He did not know the nature of E1-2;

(2) E1-2 did not belong to him, and he did not know to whom E1-2 belonged;

(3) He put E1-2 into his socks by himself;

(4) He received E1-2 at the bus terminal next to the Hong Kong-Macau Ferry Terminal;

(5) He would receive $3,000 for delivering E1-2 to Macau successfully; and

(6) An unknown person would contact him after he arrived at Macau.

6.D was also found in possession of one mobile phone with 1 SIM card, 3 other SIM cards, a Turbojet ferry ticket for Hong Kong to Macau and a small amount of cash. 

7.On 21 March 2019, a video-recorded interview was conducted with D at the C&E Headquarters.  Under caution, D remained silent.

8.It was confirmed by the Government Chemist the following:

(1) E1 was 34 plastics bags containing a total of 6.01 gm of a solid containing 3.74 gm of cocaine;

(2) E2 was 34 plastic bags containing a total of 5.92 gm of a solid containing 3.61 gm of cocaine.

9.As such, there were in total 68 plastic bags containing 11.93 gm of a solid containing 7.35 gm of cocaine.  Its street value as of March 2019 was estimated to be HK$11,154.55.

10.Urine collected from D on 23 March 2019 shows positive result for cocaine.

11.The movement record of D revealed that D arrived at Hong Kong via Hong Kong-Macau Ferry Terminal at 2042 hours on 20 March 2019, and he then shortly departed Hong Kong at 2054 hours on 20 March 2019.

12.At the material times, D was in possession of the dangerous drugs, namely E1 and E2 for the purpose of trafficking, i.e. exporting from Hong Kong to Macau.

13.D is 21 years of age, of F. 3 education level.  He has a clear record.  He was a construction worker before arrest.  He lives apart from his family.

14.According to the sentencing guidelines laid down in R v Lau Tak-ming [1990] 2 HKLR 370 and explained in A.G. v Rojas [1994] HKCA 54, a trafficker of up to 10 grammes of cocaine shall face 2 – 5 years’ imprisonment. 

15.For the 7.35 grammes of cocaine involved here, I take 3 years 9 months as the starting point.  After a one-third discount for the plea of guilty, the sentence is 2 years 6 months.