HKSAR v. Tse Yee Ting, Jimmy

DCCC 765/2024

[2025] HKDC 1833

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 765 OF 2024

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REASONS FOR SENTENCE

D3 pleaded guilty to a charge of "Possession of dangerous drugs" (Charge 3)  and a charge of "Possession of apparatus fit and intended for the inhalation of a dangerous drug" (Charge 4). The dangerous drugs involved are cannabis and methamphetamine hydrochloride (commonly known as "ICE").

Summary of Facts

2.About 1:40 p.m. on 11 October 2023, Madam Yiu (D1)  and Mr. Chan (D2)  came out of Room 508, Yuet Fu House, Tin Yuet Estate, Tin Shui Wai ("the Flat").  PC 21577 and PC 12784, both were in plainclothes, intercepted them at the 5^th Floor lift lobby.

3.Upon search, suspected ICE (and subsequently confirmed to be so)  was found on D1 and D2.

4.About 1:49 p.m. on the same day, using the keys found on D1, PC 23747 (PW3)  entered the Flat.  D3 was found lying on the sofa in one of the 2 bedrooms ("Room A").

5.The Flat was searched pursuant to a search warrant.  The following items were found on top of a nightstand in Room A :-

(i)  a transparent resealable plastic bag which contained 0.37 gramme of cannabis in herbal form (E3);

(ii)  a transparent resealable plastic bag which contained 0.30 gramme of a crystalline solid containing 0.30 gramme of methamphetamine hydrochloride (E4);

(iii)  a plastic bottle with 2 openings, with one of the openings inserted with a plastic straw and the other, a glass tube, and shaped as a bulb at one end ("the Device");

(iv)  the Device was found to contain 45 millilitres of a liquid containing 0.36 gramme of a solid which, upon drying, contained 0.26 gramme of methamphetamine (E5);

(v)  a cigarette box containing 6 cigarettes; and

(vi)  a grey lighter.

Arrest and admissions

6.PW3 arrested D3 for "simple possession".  Under caution, he claimed that E3 and E4 were for his own consumption.  PW3 also arrested D3 for "possession of apparatus".  Under caution, he admitted that he made the Device for consuming "ICE".

7.In his video recorded interview, D3 admitted that he and D1 started dating in July or August 2023 and have been living together at the Flat since.  He claimed that he used to stay in the other bedroom, but had moved to Room A because he wanted to replace the furniture. D3 also admitted having purchased E3 and E4 at Yuen Long Methadone Clinic on 7 or 8 October 2023 from "Ah Wo" at $400.  The pack of cigarettes (found in Room A)  belonged to him and was for smoking cannabis. 

Mitigation & Sentence

8.D3 is 44 and has 8 conviction records which included 1 "simple possession" offence (dated July 2003).  He was sent to a Drug Addiction Treatment Centre for that offence.  He is currently serving a total prison term of 72 months for a "Robbery" offence and a "money laundering" offence(both sentenced in August 2025).

9.Defence counsel Mr. Chan informed me that D3 was a marble worker.  According to his antecedents, he is divorced and was residing with his then girlfriend (D1).  In mitigation, Mr. Chan submitted that the quantities of ICE and herbal cannabis involved are so small that the latent risk of trafficking is negligible.  The apparatus found in Charge 4 is also part and parcel of the ICE in Charge 3.

10.Since D3 is serving a term of imprisonment of more than 9 months (in DCCC 348/2024 and DCCC 435/2025), there is no need to obtain a DATC Report before sentencing him in the present case[1].

11.In Charge 3, D3 possessed 0.37 gramme of herbal cannabis, 0.30 gramme of methamphetamine hydrochloride and 0.26 gramme of methamphetamine.  For the different quantities and types of the drugs involved, I adopt a starting point of 12 months' imprisonment.  With the timely guilty plea, the sentence is reduced to 8 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence D3 to 8 months' imprisonment for this charge.

12.For Charge 4, the usual starting point is 4.5 months' imprisonment[2], which I would adopt.  With the timely guilty plea, I sentence D3 to 3 months' imprisonment for this charge.

Overall sentence

13.I accept that Charge 4 is part and parcel of Charge 3.  Hence, I order both sentences to run concurrently.  In other words, the total prison term for D3 in the present case is 8 months.

14.In chronological order, D3 first committed the "money laundering" offence in DCCC 435/2025 between mid-December 2020 and early February 2021.  He was arrested in mid-February 2022.  He then committed the "Robbery" offence in DCCC 348/2024 in December 2022 and was at large.  On 11 October 2023, he committed the 2 drug-related offences in the present case and was arrested.  On 12 October 2023, he was arrested for the "Robbery" offence in DCCC 348/2024.  All 3 cases are separate and distinct.  One has nothing to do with the other two.

15.In my view, if well coordinated by the Police and the prosecution, all 3 cases could have been represented by the same defence counsel and dealt with by the same judge in one go.  But for Mr. Fung's helpful reminder, I did not realize that both DCCC 348/2024 and DCCC 435/2025 were sentenced by me.

16.Bearing in mind the totality principle and having considered what the likely overall sentence would be if all 3 cases were to be sentenced in one go, I order 2 months in the present case to be served concurrently with all of D3's existing sentences.  In short, the total prison term for D3 in all 3 cases is 78 months.  This is the best I can do within my powers.