COURT: The defendant has, at the committal stage, pleaded guilty to two counts of trafficking in dangerous drugs. The particulars of the offence are that on 22 March 2022, in Kwun Tong, he unlawfully trafficked 121 grammes of methamphetamine hydrochloride. The 2nd charge charged him on the same day, in your residence, unlawfully trafficked also 121 grammes of methamphetamine hydrochloride.
The facts of the case are that on 22 March 2022, at around 7.15 in the evening, police officers mounted an anti-narcotics operation in Kwun Tong district. At about 7.53 pm, you alighted from a public light bus in Kwun Tong. At that time, you were holding a white plastic bag containing a foam meal box and a plastic meal box in your hand.
Police officers approached you, revealed their identity, and conducted an enquiry. Upon a search, police officers found two pieces of white tissue and a pink plastic bag containing a transparent resealable plastic bag containing 124 grammes of a crystalline solid containing 121 grammes of methamphetamine hydrochloride.
Also found on you are two mobile phones and cash, HK$780, and a key. Upon arrest and under caution, there and then, you said “the cold stuff” will be delivered by you to “Ah Ming” later on. That is the facts for Charge 1.
So far as Charge 2 is concerned, you were taken to a room in Cheong Wah Building in Castle Peak Road, Tsuen Wan. You were taken there around 10.35 pm in the evening. Police gained entry into the unit by opening the door with the password supplied by you. There were three rooms. Police officers used the key found on you when you were arrested in Kwun Tong to open a room and conduct a search.
In the room, there was a black recycled bag containing a transparent resealable plastic bag containing a transparent resealable plastic bag containing, in turn, 124 grammes of a crystallised solid containing 121 grammes of methamphetamine hydrochloride. I pause here to say that the drugs found there in the room is in exact quantity and concentration as the drugs found on you in Kwun Tong. There was also a black rucksack containing an electronic scale and a large quantity of resealable plastic bags.
You were again arrested and under caution you said “this bag of cold stuff” is kept for my own consumption. Your fingerprint was found on the toilet door of the room. Later on, in a police station, a video-recorded interview was conducted and you were admitted, inter alia, first, you were delivering from your home to Yue Man Square, Kwun Tong, to sell the drugs to your friend “Ah Ming” for HK$11,000. Secondly, you bought the ‘ice’ from your friend “Ah Lung” for HK$20,000 at Temple Street in Yau Ma Tei the day before. The day after, you used the electronic scale to divide into two smaller bags, namely, one that you were found on when you were in Kwun Tong and the other one is at your home.
You maintained that the drugs found at your home was for your own consumption. You claimed that you work as a decoration worker earning around HK$20,000 per month. You also admitted that the electronic scale is used for weighting the drugs and the large quantity of resealable plastic bags seized in the room was used by you for dividing the ‘Ice’ into smaller bags. And since 16 January 2022, you rented the room for monthly rental of HK$4,600.
The estimated street value of ‘Ice’ was HK$132,928.
You now accept and admit that you are knowingly in possession of all the ‘Ice’ seized in this case for the purpose of unlawful trafficking. In view of your admission when you were in the magistracy to this fact and also the packaging of the drugs found, and in particular no apparatus for taking ‘Ice’ was found either on you or in the room occupied by you, I indicate that I would not simply accept an assertion from you that part of the drugs was for your own consumption. I offered you an opportunity to give evidence or call evidence if you want to support your claim for self-consumption. You declined that invitation. In the circumstances, I would not give you any discount for your claim that part of the drugs found were for your own consumption.
I must say, at the age of 53, you had a very bad record. You are not a stranger to court. As young as 15 years old, you committed robbery, and you were dealt with leniency by the court on that occasion by placing you on probation. That was in 1986. Shortly after that, you committed another offence of common assault in 1988. I reckon at that time you probably had just finished or not yet finished your probation supervision. Again, you were dealt with leniency by the court on that occasion by putting you on probation for another 12 months.
Not long after that, in 1990, you committed a theft, and you were sent to DATC with conviction recorded. Since then, you came to court very often. You were before the court on a total of 17 occasions. On 6 occasions, you earned yourself 6 convictions for possession of dangerous drugs.
I have no hesitation in accepting that you are a drug addict. But being a drug addict causing you to commit a number of offences, in particular, trafficking in dangerous drugs, is no excuse and not a mitigating factor.
You built up your criminal record up to a stage where it is clear that you are trying to make your living by going into this evil trade. In fact, in 1999, you were convicted of trafficking in dangerous drugs, and you were sentenced in the High Court for 6 years for that. Then, in 2014, for another trafficking in dangerous drugs in the High Court you were sent away for 10 years and 10 months. And the present offence was committed some 9 months after you were discharged from prison for that offence in 2014. So it is clear to me you are making your living by trafficking in dangerous drugs.
Although you are charged with two offences of trafficking in dangerous drugs, I will take a global view and treat you as if you were only charged with one count involving 240 grammes of ‘Ice’. According to Tam Yi Chun, for ‘Ice’ of quantity 70 to 300, we are looking at the sentencing range of 11 to 15 years.
Your role in this matter is not a simple courier, which is at the bottom end of the culpability. You are an actual trafficker, although in a small scale. In the circumstances, I take an initial starting point of 14½ years. There are aggravating factors in this case. As I have said, you have a very bad record involving two trafficking in dangerous drugs. Very stiff sentences were passed on you, but it seems that those stiff sentences did not deter you to stay away from this evil trade.
I have read the letter you submitted to me on your behalf, and also what Mr So has urged upon me as to the fact that you have changed since your last remand in this matter, and the fact that you have tried and in fact worked as a construction site worker after your release from prison. However, I must say your remorse and shameful on your part of what you have done, if there is, come too late. I will enhance my initial starting point by 2 years in view of your record. I did not see any mitigating factor in this case except your timely plea. I will give you one-third discount for your plea.
The sentence I pass on you is one of 11 years on each count. I also order those sentences to run concurrently. So in total you will go to prison on this occasion for 11 years.
I hope you appreciate that the prison sentence passed on you for trafficking in dangerous drugs is climbing up.