HKSAR v. Tse Wai Man

DCCC 926/2020

[2021] HKDC 1583

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 926 OF 2020

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REASONS FOR SENTENCE

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1.Mr Tse pleaded guilty before me to one charge of Trafficking in a dangerous drug. Particulars are that he, on 27 April 2020, outside the car park, Grand Waterfront Plaza, No 38 San Ma Tau Street, To Kwa Wan, Kowloon, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 23.8 grammes of a solid containing 21.3 grammes of cocaine.

Facts admitted by Mr Tse

2.On 27 April 2020, at about 9:08 pm, outside the car park specified in the charge, Mr Tse was walking in quick pace, and was looking around.  Police intercepted him.

3.Upon search, police found in Mr Tse’s left front pants pocket one plastic bag containing 23.8 grammes of a solid containing 21.3 grammes of cocaine.

4.Also on Mr Tse were found cash of $3,909 and an iPhone.

5.Under arrest and caution, Mr Tse claimed self-consumption of the cocaine.

6.In subsequent cautioned VRI, Mr Tse stated:-

(1)  He bought the cocaine in Sham Shui Po park from an unknown man at around 3:30 to 4 pm for $8,000; and

(2)  The amount of the cocaine he would consume and the locations at which he would do so.

7.House search revealed nothing related to drugs.

8.The street value of the cocaine found was about $27,221.

9.Mr Tse now admits he possessed all of the cocaine for the purpose of unlawful trafficking.

Criminal record

10.Mr Tse has a clear record.

Antecedents

11.Mr Tse is aged 24 (23 at the time of the offence), educated to F2 level, was a chef.  He was living with his mother and elder brother in private housing in To Kwa Wan.

Mitigation

12.Ms Vivian Wong of counsel assigned by the Director of Legal Aid mitigated on behalf of Mr Tse.  The following is a summary of the mitigation submissions.

13.Mr Tse was born in the Mainland.  He came to Hong Kong to reunite with his family at the age of 10.  He is still single.  Before arrest, he worked as a part-time chef in a Japanese restaurant, earning around $15,000 a month.  Mr Tse and his elder brother were the breadwinners of the family.

14.Mr Tse pleaded guilty at the first opportunity.  He has a clear record. He regrets having caused worries and trouble to his family.  Because he is now remanded, his mother has to find a part-time job to support the family.  His family members including his father who is divorced from his mother are in court to give their support to Mr Tse.

15.On the offence date, Mr Tse was asked to make delivery of drugs for a reward of $500.  He had not yet been paid.

16.Mr Tse will not rely on partial consumption as a ground for mitigation.

17.Ms Wong submits that the tariff for trafficking in cocaine is contained in The Queen v Lau Tak Ming [1990] 2 HKLR 370; that the sentencing range for 10-50 grammes of the drug falls into the category of 5-8 years’ imprisonment.  Ms Wong submits for the present case involving 21.3 grammes of cocaine, the starting point should be 70.17 months ie about 5 years 10 months. After the 1/3 discount, the sentence would be about 3 years 10.7 months if a purely arithmetic approach is to be taken.

18.Ms Wong submits on behalf of Mr Tse four mitigation letters in Chinese written respectively by Mr Tse himself, his mother, father, and ex-supervisor at work.  The contents are generally that Mr Tse is a simple-minded, dutiful person who is remorseful and wishes to turn over a new leaf and promises to work hard and not to re-offend.  The latter three letter-writers all asked for a lenient sentence on behalf of Mr Tse.

Sentence

19.Trafficking is a serious offence and causes innumerable sufferings to countless families.  A deterrent sentence must be imposed on offenders.

20.I shall adopt a starting point of 5 years 10 months in this case involving Mr Tse.  I will give him the usual 1/3 discount for a timely plea. There are no other valid mitigating factors.

(Mr Tse, please stand)

21.The sentence on Mr Tse is 46 months and 20 days’ imprisonment.