HKSAR v. Ng Shing Man (also known as Ng Chi Man)

DCCC 511/2020

[2020] HKDC 1004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 511 OF 2020

________________________

________________________

________________________

Reasons for Sentence

________________________

1.The defendant has pleaded guilty to one count of trafficking in a dangerous drug. On 7 April 2020, outside a methadone clinic on Ting On Street, Ngau Tau Kok, Kowloon, he was unlawfully trafficking in 9.24 grammes of a mixture containing 7.24 grammes of heroin hydrochloride.

2.The facts of this case are straightforward.  At about 6 pm on that day, police officers were on anti-narcotics operation and saw the defendant squat down for a few seconds in front of a green bench at the rest area outside the methadone clinic.  When he stood up, his right fist was clenched as if he was holding something.  They then approached him to investigate. 

3.The police found the defendant holding three pellets of heroin hydrochloride in his right hand.  The police also found a plastic resealable bag underneath the green bench containing 42 similar pellets of heroin hydrochloride.  He was then arrested and cautioned.  In reply, he said that he earned $20 for each transaction.  The defendant admitted he was in possession of the heroin for the purposes of unlawful trafficking. 

4.Later in a video-recorded interview under caution, the defendant elaborated and explained how he was paid to sell pellets of heroin which were placed under the green bench for him to access.  Every three pellets would be sold for $200 and he would earn $20 for each transaction. 

5.The government chemist subsequently confirmed the pellets contained heroin hydrochloride, and the defendant agreed that the street value of the drugs was about $6,260. 

Mitigation

6.The defendant is now 67 years old and has been unemployed for a number of years.  He is single and living with an elder brother.  He admits that he has been a drug abuser since his late teens. 

7.He is not a man with a clear record.  He has 23 previous convictions obtained over 18 court appearances.  His last conviction was in 1999 and related to forged copyright goods.  Many previous convictions are for smoking, injecting or possession of dangerous drugs.  He has no convictions for trafficking dangerous drugs. 

8.I have been told that the defendant is suffering from depression and has been since 2005.  He is on medication and attends an outpatient clinic regularly.  I have heard all that can be said on his behalf and mitigation by Mr Tam.

Reasons for sentence

9.The Court of Appeal has laid down guidelines for trafficking in heroin in the R v Lau Tak Ming [1990] 2 HKLR 370 where the quantity of heroin is up to 10 grammes, the appropriate sentence after trial should be between 2 and 5 years’ imprisonment. 

10.Mathematically speaking, 7.24 grammes of heroin hydrochloride should attract a starting point of 4 years and 2 months.  I have taken into account everything said on the defendant’s behalf, the Summary of Facts, the defendant’s age and previous convictions.  I will take into account that although he has many previous convictions for drug-related offences, this is his first trafficking offence and his first conviction in just over 20 years. I will also take into account that he fully co-operated with the police and admitted the offence at the scene. 

11.I find a starting point of 4 years’ imprisonment appropriate to reflect the gravity of the offence.  The defendant pleaded guilty at the earliest opportunity and will benefit from a one-third discount. After that discount is applied, the defendant is sentenced to 2 years and 8 months’ imprisonment.