HKSAR v. Lee Wai Yan

DCCC 761/2021

[2022] HKDC 910

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 761 OF 2021

________________________

________________________

________________________

REASONS FOR SENTENCE OF D2

________________________

Charge

1.D2 pleads guilty to possession of a dangerous drug (Charge 3).

Facts

2.On the evening of 17 December 2020 the police intercepted D2 when D2 came out from a hut in Yuen Long.  They found in his trouser pocket a plastic bag containing 0.14 gramme of a solid containing 0.10 gramme of cocaine (E7). Upon arrest and caution he said it was for self-consumption.  In a cautioned interview later he added that he went it to the hut to use the toilet.  The estimated street value was $703.20. 

Mitigation

3.D2 is 32 years old.  He had a record for theft in 2013 resulting in community service order.  He is divorced.  His 10-year-old daughter is in the custody of his ex-wife.  He sees his daughter once every week.  Their relationship is good.  He had been a car salesman since 2018 until a traffic accident late last year (2021)  which landed him in the hospital with serious injuries.  Since March this year, he moved to live in Huizhou and work there as an overseer at his paternal uncle’s baby clothing factory.  He maintains contact with his daughter through WeChat video calls once every one to two weeks. 

4.I call for probation report with random urine tests before sentence.  A total of 4 urine tests during the adjournment were conducted with negative results.  He can be regarded as having no drug problem. 

5.The probation report reveals that he was under stress for poor business as a car salesman in late 2020.  His friend, a drug taker, suggested he try cocaine to relieve stress.  A phone number was given to him to get the drug. He was arrested by the police outside the hut in Yuen Long after getting the drug from the supplier. 

6.He is said to have learned a hard lesson.  Coupled with his current base of living and working in the Mainland, the probation officer does not consider probation necessary. 

7.The quantity of cocaine was small and this single packet did not suggest latent risk of any part passing into others’ hands.

Sentencing

8.I order a fine of $5,000 to be paid within 2 days.