HKSAR v. Luk Chi Chung

HCCC 89/2020

[2020] HKCFI 2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 89 OF 2020

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

Defendant, on 17 April 2020, you pleaded guilty to a charge of trafficking in dangerous drugs before a magistrate at the Eastern Magistracy. As a result of your plea of guilty, you have been committed here to the Court of First Instance for sentence.

You admitted that on 21 July 2019, at the 17th Floor, Chun Kwai House, Kwai Chung Estate, Kwai Chung, you unlawfully trafficked in 158.19 grammes of a mixture containing 137.51 grammes of heroin hydrochloride.

On the evening of 21 July 2019, police officers mounted an anti‑narcotics operation at the lift lobby of the 17th floor of Chun Kwai House. At 6.55 pm, police officers spotted you walking out from Room 1701, looking around furtively. You were then intercepted for inquiry.

Upon search, in your right trousers pocket, two plastic bags and two packets consisting of plastic wrappings containing heroin hydrochloride were found. Also in your possession was a mobile phone, cash of $5,710 and a bunch of keys. You were arrested and under caution, you said you were going to sell the heroin to earn a meal.

Police officers then gained access to Room 1701 with the keys found upon you. On a bookshelf on a computer table was found a paper bag. Inside that bag were nine plastic bags containing heroin hydrochloride. Next to the paper bag was a plastic box containing a total of $44,200. On the computer desk, there was a roll of aluminium foil, two rolled papers and a lighter. You were arrested again and under caution, you said that you purchased and stored the drugs at home for sale to make money.

In a subsequent video-recorded interview, you said, amongst other things, the drugs were packed by you. You were a heroin user and at the time you were leaving Room 1701, the drugs that were in your trousers, you were going to hide them in a flowering shrub at a park nearby and you would ask the person to collect the drugs and sell it for $8,600.

The estimated retail value of all the drugs seized that is in your trousers pocket and in Room 1701 was $175,433.

It appears, which is not in dispute by your counsel, Mr Joseph Lee, that Room 1701 was your home, your residence. Mr Joseph Lee has given me his written submissions which sets out fully your background and other mitigating matters -- factors which I have taken into account.

You are 52 years of age, born in Hong Kong and educated up to Primary 6. You have been a truck driver for many years but prior to your arrest, you were only a part-time casual worker earning two to three thousand dollars a month. You have, as stated in the antecedents, been taking heroin now for nearly 40 years. Mr Lee says that a very small amount, about 6 grammes, was for your own consumption. The reason for you committing this offence, Mr Lee frankly submits, is for purely financial reasons. You are single and essentially are without a family and you have no contact with your only surviving relative, your sister.

You have, defendant, 22 previous convictions occurring in 19 occasions at court. Six are for possession of dangerous drugs, one is for possession of equipment -- yes, for smoking dangerous drugs, and you have three previous convictions for trafficking in dangerous drugs. Your last conviction was in 2016, possession of dangerous drugs. Mr Lee says that your urine test upon admission after your arrest to Lai Chi Kok was positive for opiates. Therefore, it supports the fact that you are still a drug dependant.

Defendant, for trafficking in dangerous drugs of heroin, the leading case is that of -- guideline case is that of Lau Tak Ming. The amount that you were trafficking in was 137.51 grammes of heroin hydrochloride.

Given the guidelines in Lau Tak Ming, that would fall within the bracket of 50 to 200 grammes where a starting point of between 8 and 12 years’ imprisonment would be appropriate. Defendant, had you been convicted after trial, I would have taken a starting point of 10 years and 3 months’ imprisonment. Given you had pleaded guilty at the earliest opportunity, I therefore give you the one-third discount and you shall be sentenced to 6 years and 10 months’ imprisonment.

I agree with Mr Lee and his submissions that your sentence need not be enhanced because you have three previous convictions as the last conviction for trafficking was in 1994 and at that time you were sentenced to the drug addiction treatment centre.