HKSAR v. Ho Sui Fung

DCCC 1251/2025

[2026] HKDC 692

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1251 OF 2025

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Trafficking in dangerous drugs" (Charge 1), a charge of "Possession of a dangerous drug" (Charge 2) and a charge of "Possession of a Part 1 Poison" (Charge 3).

Summary of Facts

2.About 9:53 p.m. on 12 December 2024, police officers saw the defendant entering the elevator on the 37^th Floor of Yip Wo House, Yip Wong Estate, Tuen Mun.  He was intercepted upon arriving at the Ground Floor lift lobby.

3.Police officers brought the defendant back to the 37^th Floor lift lobby.  Upon search, an iPhone, a key, a car key and a wallet with cash were found on the defendant. Using the key found, the police entered Room 3714 of Yip Wo House ("the Flat").  Pursuant to a search warrant, the police began to search the Flat at 9:58 p.m. on the same day. 

Charges 1 and 3

4.The following items were found in the Flat :-

On the TV cabinet in the living room:

(a) a plastic bag containing:

(i) 30 plastic bags which contained a total of 4.19 grammes of a solid containing 3.41 grammes of cocaine (collectively E1);

(ii) 27 plastic bags which contained a total of 3.70 grammes of a solid containing 3.02 grammes of cocaine (collectively E2);

(iii) 30 plastic bags which contained a total of 4.20 grammes of a solid containing 3.47 grammes of cocaine (collectively E3);

(iv) 30 plastic bags which contained a total of 4.12 grammes of a solid containing 3.38 grammes of cocaine (collectively E4);

(v) 30 plastic bags which contained a total of 4.08 grammes of a solid containing 3.41 grammes of cocaine (collectively E5);

(b) a black can containing 5 plastic bags which contained a total of 12.2 grammes of a solid containing 8.98 grammes of cocaine (collectively E6);

(c) 1 cigarette which contained 0.06 gramme of a solid containing cocaine (E7);

(d) 2 plastic bags which contained a total of 3.45 grammes of a crystalline solid containing 3.42 grammes of methamphetamine hydrochloride (collectively E8);

(e) 1 plastic bag which contained 0.64 gramme of cannabis in herbal form (E9);

(f) 1 plastic packet which contained 3.40 grammes of cannabis in herbal form (E10);

(g) 2 spoons;

(h) an electronic scale;

(i) a pile of plastic bags;

On the floor near the TV cabinet:

(j) a white paper bag containing 3 plastic bags with the following:

(i) 50 cartridges which contained a total of 46.8 grammes of a liquid containing etomidate, a Part 1 Poison (collectively E11);

(ii) 22 cartridges which contained a total of 20.1 grammes of a liquid containing metomidate (not a controlled substance); and

(iii) 13 cartridges which contained a total of 11.3 grammes of a liquid containing metomidate (not a controlled substance).

5.The defendant was arrested for "drug trafficking" and "Possession of Part 1 Poison". Under caution, he admitted that all the drugs and the "space oil" were for sale.

Charge 2

6.About 11:35 p.m. on the same day, the Flat was further searched with the assistance of police dogs. The following items were found inside the drawer of the TV cabinet :-

(a) 1 plastic bag which contained 0.13 gramme of a solid containing 0.11 gramme of cocaine (E12); and

(b) a $20 banknote folded into a packet which contained 0.22 gramme of a solid containing 0.19 gramme of cocaine (E13).

7.The defendant was arrested for "simple possession".  Under caution, he claimed that the drugs were for his own consumption.

8.The defendant now admits that (i) he possessed E1 to E10 for the purpose of unlawful trafficking; (ii) he possessed E12 and E13; and (iii) he unlawfully possessed E11.

Mitigation & Sentence

9.The defendant is 51.  He has 7 conviction records, which included 3 "simple possession" offences and 4 "trafficking" offences.  Defence counsel Mr. Keung informed me that the defendant is single and resides alone.  He has 3 sons and 1 daughter (aged between 10 and 19) with 3 different girlfriends.  He was unemployed at the time of the present offences.  In mitigation, Mr. Keung submitted that the defendant has fully cooperated with the police and has made frank admissions.

10.Drug abuse has always been a problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper) and that drug traffickers would most certainly be punished by long-term imprisonment.  Also, being in financial difficulty (however serious) is no mitigating factor for committing a crime.

11.I will deal with Charge 1 first.  I am prepared to disregard the negligible quantity of herbal cannabis (4.04 grammes).  The Court of Appeal has laid down clear sentencing guidelines for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69) and methamphetamine hydrochloride[1] (commonly known as ICE; see HKSAR v Tam Yi Chun [2014] 3 HKLRD 691).  For 10 to 50 grammes of cocaine, the sentence ranges from 5 to 8 years' imprisonment.  For up to 10 grammes of ICE, the sentence ranges from 3 to 7 years' imprisonment. 

12.In determining the proper starting point, I have reminded myself of the sentencing principles for trafficking in cocktail drugs[2]. In the present case, the defendant trafficked in a cocktail of drugs consisting of 25.67 grammes of cocaine and 3.45 grammes of ICE.  For 25.67 grammes of cocaine, applying a strict arithmetical approach, the appropriate starting point is 6 years and 2 months.  Similarly, for 3.45 grammes of ICE, 4 years and 4 months.  In my view, the "combined approach" would arrive at a realistic and fair sentence.

13.Although less potent than ICE, the cocaine found in this case is of a significantly larger quantity.  I decided that the quantity of cocaine should form the basis of the starting point[3]. Hence, I adopt a starting point of 74 months' imprisonment and adjust it upward by 7 months for the ICE, arriving at 81 months.  With the timely guilty plea, the sentence is reduced to 54 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.  Mr. Keung has also confirmed that there is no claim for self-consumption as mitigation.  I sentence the defendant to 54 months' imprisonment for Charge 1.

14.Regarding Charge 2, E12 and E13 were of a very small quantity (0.30 gramme of cocaine in total).  They were found in a location separate and distinct from where E1 to E10 were found.  I accept that they were intended for the defendant's own consumption.  I adopt a starting point of 9 months' imprisonment.  With the timely guilty plea, I sentence the defendant to 6 months' imprisonment for this charge.

15.Regarding Charge 3, it involved 50 cartridges containing 46.8 grammes of liquid etomidate.  I adopt of a starting point of 6 months' imprisonment.  With the timely guilty plea, I sentence the defendant to 4 months' imprisonment for this charge.

Overall sentence

16.Charges 2 and 3 do not add much to the defendant's overall culpability in this case.  Bearing in mind the totality principle, I consider a global starting point of 84 months appropriate for all 3 charges.  With the timely guilty pleas, the overall sentence becomes 56 months.  Hence, I order the sentences for Charges 2 and 3 to run concurrently; and 2 months in Charges 2 and 3 to run consecutively to Charge 1.