HKSAR v. Chan Kwok Hong, Perry

DCCC1044/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1044 OF 2008

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Reasons for Sentence

1.The defendant in this case has pleaded guilty to a charge of trafficking in 11.64 grammes of heroin hydrochloride.

2.On the day of the offence, 18 April, police officers were conducting an operation at the Pok Fu Lam Village in Pok Fu Lam, Hong Kong.  At 1.36 pm, the officers observed the defendant walking towards a hut and saw him stop outside and look suspiciously around him.  The officers went to the hut and, when they got there, they saw inside that the defendant was standing outside a room, and they shouted, “Police, open the door.”  The defendant immediately rushed into the room and shut the door.

3.One of the officers cut the chain on the main door of the hut, and three officers went inside and shouted, “Police, open the door.”  The defendant made no response.  The officers who were in possession of a search warrant forced open the door of the room and went inside and subdued the defendant.  Having gained entry to the room, they saw a white tissue packet containing the drugs, the subject of the charge, and also some paraphernalia, including an electronic scale, some cardboard papers and empty plastic bags.  The defendant immediately admitted that the white tissue packet contained heroin and that he was intending to package the heroin into smaller packets and sell them.

4.The defendant has three matters recorded on his record, the most recent being an offence of possession of dangerous drugs for which he was ordered to go to a drug addiction treatment centre in January of this year.  That offence must have been committed whilst he was on bail for the current offence.

5.The defendant is 56 years of age.  He was born in Hong Kong.   He is married and lives with his mother and son in the Pok Fu Lam Village.  His mother is 86, and his son is 15 and just quit school.  His wife works as a waitress earning $7,800 per month.  The defendant is a drug addict.  In recent years, he has worked on a casual basis as a waiter and, when he was in employment, was able to contribute to the household expenses.  I am told that he had been unemployed since 2007 because he suffered from a cataract on his right eye, which is to be operated upon shortly.

6.Counsel for the defendant has submitted the appropriate starting point for an offence involving this quantity of drugs is five years’ imprisonment.  I agree with that submission, and I will reduce that by one-third to reflect the defendant’s guilty plea.  The defendant will, therefore, go to prison for a period of 40 months.