HKSAR v. Chiu Yan (also known as Chiu Yam)

DCCC 38/2019

[2019] HKDC 1669

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 38 OF 2019

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Reasons for Sentence

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Charge

1.The Defendant (“D”) pleads guilty to a charge of trafficking in a dangerous drug. 

Facts

2.At about 0208 hours on 17.10.2018, when the police were patrolling along Fuk Tsun Street, Mongkok, Kowloon when they spotted D and a female (F) acting furtively outside G/F, No.56 thereof.

3.Upon interception and search, the police found:

(1) In the right front pocket of D's pants one transparent resealable plastic bag containing suspected dangerous drug (E1).

(2) In the brown bag (E2) carried by D one metal box (E3) containing 3 transparent resealable plastic bags containing suspected dangerous drugs (E4 to E6).

4.The Government Chemist examined and certified that:

(1) E1 - one plastic bag containing 2.75g of a crystalline solid containing 1.55g of methamphetamine hydrochloride (Ice”).

(2) E4- one plastic bag containing 2.93g of a crystalline solid containing 2.90g of methamphetamine hydrochloride.

(3) E5 - one plastic bag containing 0.31g of a crystalline solid containing 0.30g of methamphetamine hydrochloride.

(4) E6 - one plastic bag containing 0.24g of a crystalline solid containing 0.14g of methamphetamine hydrochloride.

(Total - 4.89g of methamphetamine hydrochloride)

5.The estimated street value of the dangerous drugs seized (E1, E4 – E6) was approximately HK$2,757.96 in total.

6.Under arrest and caution, D alleged he bought the packet of Ice (i.e. E1) for his consumption, and the Ice contained in the metal box (i.e. E4 – E6) were also for his consumption.

7.In the video-recorded interview, in gist, D alleged under caution that:

(1) he had the habit of consuming dangerous drug for 2 years. He would consume dangerous drug for 1-2 times each week. On the material date, he walked past Ivy Street, Mongkok where an unknown female ('U') offered to sell dangerous drugs. He bought E1, E4 – E6 for HK$5,300 from U. He had no contact means of U.

(2) Later, he bumped into his female friend F. When they intended to go to have supper, they were intercepted by the police.

(3) All the bags of Ice (i.e. E1, E4 – E6) belonged to him. He placed one bag of Ice in his pants’ pocket for the convenience of consumption.

(4) Each month he received HK$4,000 for CSSA and spent around HK$2,000 on purchasing dangerous drugs.

8.At the material time, D possessed the Ice seized (i.e. E1, E4 – E6) for the purpose of trafficking. 

Personal background and mitigation

9.D is 42 years of age, of primary school education level.  He has 4 criminal records, none relating to dangerous drugs.  He was born in China.  He came to Hong Kong 28 years ago for family reunion.  Afterwards, his parents separated.  He resides with his mother.  She has problems with her eyes.  Her vision is affected.  She is suffering from degeneration of her brain.  She has diabetes and heart disease.  She is hard of walking. 

10.His counsel Miss Chung is instructed to mitigate on the basis that part of the Ice seized was for his own use.  I cannot accept this mitigation as his plea and the summary of facts both refer to trafficking of the entire quantity (i.e. E1, E4 – E6).  

Sentencing guidelines

11.It shall be 3 – 7 years for trafficking in up to 10g of Ice (HKSAR v Tam Yi-chun [2014] 3 HKLRD 691).

Sentencing this Defendant

12.I take 4 years 6 months as the starting point.  After a one-third discount for the plea of guilty, the sentence is 3 years.  There are no other mitigating factors.  This is his sentence.