HKSAR v. Wong Sze Tung

DCCC 1015/2020

[2021] HKDC 461

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1015 OF 2020

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REASONS FOR SENTENCE

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1.Ms Wong pleaded guilty before me to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.The particulars are that she, on 19 August 2020, outside No 57 Bute Street, Mong Kok, Kowloon, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 5.52 grammes of a crystalline solid containing 5.52 grammes of methamphetamine hydrochloride.

Summary of the facts admitted by Ms Wong

3.At about 4:30 pm on 19 August 2020, Ms Wong was seen to be talking to a male while walking along Bute Street, Mong Kok.  Police stopped Ms Wong for enquiries at the charge location.  Ms Wong said that the male told her to bring him some “Ice”.  Ms Wong then took out the following items from her trouser pocket and surrendered the same to the police:-

(a)  One plastic bag containing a crystalline solid of 1.39 grammes of methamphetamine hydrochloride; and

(b)  One plastic bag containing 3 plastic bags containing a total of 4.13 grammes of crystalline solid of methamphetamine hydrochloride.

4.On arrest and caution, Ms Wong stated that the male called her to ask her to come out for the purpose of selling “Ice” to him.

5.On search, it was found that Ms Wong had $4,558.50 and 3 mobile phones on her.

6.There was nothing suspicious found in Ms Wong’s residence in Tai Kok Tsui.

7.Ms Wong admitted that she had the dangerous drug in her possession for the purpose of unlawful trafficking.

Criminal record

8.Ms Wong has 6 previous convictions dating from 2008 to 2019 all related to dangerous drugs including two for trafficking which earned her a prison sentence for 4 years 3 months imposed in 2015.

Antecedents

9.Ms Wong is aged 27, educated to higher diploma level.  She had been a clerk, saleslady and hairstylist.  Ms Wong was brought up by her foster mother now aged 75.  Before arrest, Ms Wong was unemployed and lived in Tai Kok Tsui.

Mitigation

10.Mr Edward Fan assigned by the Director of Legal Aid mitigated on behalf of Ms Wong.

11.The following is a summary of the mitigation submissions.

12.Ms Wong’s parents divorced each other when she was very young.  She has little or no contact with them now.  Both of her siblings live abroad.  She was brought up by her foster mother since she was 4 months old and was living with her prior to arrest.  Her foster mother is in court to offer her support.

13.She injured her hand in a domestic accident in 2019 and became unemployed and has been receiving regular physiotherapy and occupational therapy.

14.At the beginning of 2020, Ms Wong became a middleman trading in facemasks on the internet with a profit of approx. $20,000 but then stopped when the market went down.

15.In August 2020, Ms Wong was 3 months pregnant when she committed the present offence.  On 13 March 2021, she gave birth to a baby boy and has been busy learning to take care of him.

16.It is submitted that the birth of her boy appeared to have changed her attitude towards life and she is remorseful and pleaded guilty and is determined not to reoffend.

17.Ms Wong has stopped drug abuse since she became pregnant and the urine test (copy report submitted) taken on remand confirmed that.

18.Ms Wong is fortunate to have the support of her aged foster mother and the latter’s two children who have written a joint mitigation letter (in Chinese, submitted).  The contents of the letter are generally that Ms Wong came from a broken family and therefore became acquainted with bad elements and got addicted to drugs; that Ms Wong insisted on taking personal care of her baby boy in prison; that one of the writers promised to employ her in his trading company after her release so that she may turn a new leaf.

19.Mr Fan also submitted a letter recently written by Ms Wong herself in good English.  The contents are generally that after the birth of her child, Ms Wong was determined to start a new life to be good and healthy; she also did not want her aged foster mother to worry about her anymore; she pleaded for a minimum sentence so that both she and her child could leave prison to lead a healthy and normal life as early as possible.

20.Mr Fan referred to the sentencing guidelines set down in Attorney General v Ching Kwok Hung [1991] 2 HKLR 125 (as amended in HKSAR v Capitania [2004] HKCU 926, CACC 28/2004) and submitted that, on a strict arithmetical application, trafficking of 5.52 grammes of ICE would attract a starting point of approx. 62.5 months’ imprisonment.

21.Mr Fan acknowledged that normally, there would be no valid ground to invite the court to exercise its discretion to afford any further reduction other than the 1/3 discount on sentence for plea.  However, for the welfare of the new-born baby and other reasons, Mr Fan invited the court to consider obtaining a background report prior to passing sentence.

22.On the topic of Ms Wong’s bad similar records, Mr Fan has no particular submissions to make.

Sentence

23.Trafficking in a dangerous drug is a serious offence for which a deterrent custodial sentence is called for even for a first offender.  I do not see the need for obtaining a background report before sentence.

24.For trafficking in up to 10 grammes of ICE, the tariff sentence after trial is 3 to 7 years’ imprisonment.  In Ms Wong’s case of trafficking in 5.52 grammes of the drug, I shall adopt a starting point of 62 months’ imprisonment.

25.Ms Wong has a bad record in drug offences.  For that reason, I shall add on 4 months to the starting point as an additional deterrent to her and for protection of the public from the devastating effects of drug-related offences.

26.Ms Wong pleaded guilty in good time which entitles her to a 1/3 discount.  Ms Wong was already 3 months pregnant when she committed the offence knowing full well what would befall her and her forthcoming baby if she was to be caught.  Normally, no further discount would be given under this head. However, as an act of mercy, I shall take off 2 more months after the 1/3 reduction so that she could return to a normal family life with her new-born baby earlier than otherwise would be the case.  There are no other grounds to reduce the sentence further.

(Ms Wong, please stand)

27.In the circumstances, the sentence for Ms Wong is 42 months or 3½ years’ imprisonment.