HKSAR v. Lo Tai Yau

HCCC 442/2025

[2026] HKCFI 6049

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 442 OF 2025

-----------------

------------------

---------------------------------

Transcript of the Audio Recording

of the Sentence in the above Case

---------------------------------

COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance.  He is committed to this court for sentence.

In the evening on 23 October 2023, the defendant was intercepted by police officers for a search as he was acting suspiciously outside Central Pier No. 5.  0.15 grammes of cocaine, 18.9 grammes of heroin, and 25.8 grammes of methamphetamine hydrochloride were found in the defendant’s trousers pocket and inside his underwear.

Under caution, the defendant stated that those drugs were for his own consumption.

The street value was estimated to be around HK$33,440.

The defendant admitted in the Summary of Facts that he was in possession of those dangerous drugs for the purpose of trafficking at the material time.

The defendant is now aged 62, divorced and has two adult sons and one daughter.  Prior to his arrest, he was employed as a cleaning worker in Cheung Chau.

Mr Fong, counsel for the defendant, produces to this court evidence of the fact that in 2015, while the defendant was working as a delivery attendant, he fell from height in one industrial accident where he suffered a serious leg fracture.  Despite treatment, the defendant continues to suffer pain and discomfort for his left leg.

According to Mr Fong, part of the dangerous drugs seized was for his own consumption so as to ease his pain.  A mitigation letter from the defendant’s son has been produced.  I have read it.  Understandably, the son asks for leniency from this court.

Judging from documents, ie urine test result after admission to remand centre, provided to this court, I accept that to be the case.  In addition, looking at the defendant’s criminal record, he had been in and out of prison and drug addiction treatment centre for more than 20 years regarding his drug issue.  Given the above, I am prepared to accept part of the drugs seized was for his own consumption.

The notional starting point for trafficking in the dangerous drugs in question, based on quantity alone, will be one of 8 years and 6 months’ imprisonment.

According to authorities, 10 to 25 per cent can be given for self-consumption.  Heroin can be used as a painkiller.  As such, I allow some of the heroin used for that purpose.  As for the use of cocaine and ‘Ice’, I have my reservations about them.

Having considered all the circumstances, a 15 per cent discount will be given for the defendant’s own consumption.  That reduces the notional starting point to one of 86 months’ imprisonment.  A further one-third discount will be given for his earliest plea.

In conclusion, for the sole offence the defendant stands convicted, he is sentenced to 57 months’ imprisonment.