HKSAR v. Noman Abdullah Al

DCCC 789/2019

[2020] HKDC 391

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 789OF 2019

-----------------------------------

-----------------------------------

----------------------------

Reasons for Sentence

----------------------------

Charge

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

Facts

2.In the evening on 23 May 2019, the police targeted Room 2, Flat B, 4/F, Wah Hei Building, No. 130-132 Jervois Street, Sheung Wan (“Premises”) and its occupier D, a suspected drug dealer, in an anti-narcotic operation. Police officers ambushed in the vicinity of the Premises. At about 5:17p.m., D was seen returning to Wah Hei Building. At about 6:12p.m., D came out from the Premises and was intercepted by police. It was found in his right front trouser pocket 3 keys and in his left front trouser pocket 2 mobiles.

3.Police officers entered the Premises to conduct a search on the strength of search warrant. The 3 keys seized from D successfully unlocked the main gate and main door of Flat B, and the door of the Premises respectively. Upon search, it was found on a closet in the Premises a metal tray containing 2.92 grammes of a herbal mixture containing 0.16 grammes of cannabis in herbal form.

4.Further, it was found underneath the bed frame in the Premises:

1) A black shoe bag containing a grey sock, wrapping:

i. 2 plastic bags containing in total 1.26 grammes of a powder containing 0.62 grammes of 3,4-methylenedioxymethamphetamine (“Ecstasy”);

ii. 1 plastic bag containing 0.34 grammes of a solid containing 0.22 grammes of cocaine;

iii. 1 tissue paper packet containing 1 plastic bag containing 0.31 grammes of a powder containing 0.26 grammes of ketamine, and 1 plastic bag containing 0.66 grammes of a solid containing 0.48 grammes of Ecstasy;

iv. 10 plastic bags containing a total of 22 tablets containing a total of 4.13 grammes of Ecstasy; and

2) A white bag containing:

i. 5 plastic bags containing a total of 3.42 grammes of a solid containing 2.92 grammes of fluorodeschloroketamine;

ii. 1 plastic bag containing 0.7 grammes of a crystalline solid containing 0.69 grammes of methamphetamine hydrochloride;

iii. 1 plastic bag containing 39.3 grammes of a solid containing 16 grammes of cocaine;

iv. 3 plastic bags containing traces of a solid containing cocaine; and

v. 1 plastic bag containing traces of a herbal material containing tetrahydrocannabinol.

5.Inside a drawer of the closet were found a gold ring and a wallet containing cash of HK$38,020, US$200, and Hungarian Forint 10,000.  On a desk in the Premises was found an electronic scale.

6.D was then arrested for trafficking in dangerous drugs.

7.In the subsequent video recorded interview D claimed he had come to Hong Kong in 2015.

8.Upon examination, D’s fingerprint was found on a plastic bottle placed in the kitchen of the Premises.

9.According to police’s estimation, the street value of drugs found in the Premises was about HK$43,803 (with powder form of Ecstasy unaccountable) at the material time.

10.At the material time, D was a Form 8 Recognizance Holder.

11.At all material times, D possessed the drugs found in the Premisesfor the purpose of unlawful trafficking.

Personal background

12.D is aged 29.  He received upper secondary education in Bangladesh.  He arrived in Hong Kong to seek political asylum in 2015.  He has a record for possession of a dangerous drug, resulting in 3 months’ imprisonment in 2018. 

Sentencing D

13.I have considered the facts of the case and all mitigating factors.  I sentence D to 4 years 2 months.