HKSAR v. Chow Kwok Wai, Sunny

DCCC 919/ 2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 919 OF 2009

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Reasons for Sentence

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The charge and facts

1.The Defendant pleads guilty to trafficking in a dangerous drug, heroin. 

2.On the morning of 2 July 2009. PC 54173 and PC 44 were conducting an operation against dangerous drugs in Shamshuipo.  At 9:00 a.m., the Defendant came out from 8/F., No. 109 Pei Ho Street, Shamshuipo (“Premises”).  PC 54173 intercepted him for a body search which yielded one plastic bag containing 18.24 grammes of a mixture containing 12.89 grammes of heroin hydrochloride in his front trouser pocket.

3.Under caution, the Defendant said he had obtained the drug from someone for delivery to Pei Ho Street Market for $300 to buy food.  The Premises was searched with no illegal items found.  The Defendant was taken to Shamshuipo Police Station. 

4.On 3 July 2009, the Defendant was taken to Kowloon City Magistracy.  He was charged with trafficking in a dangerous drug with no plea taken.  Later he was remanded in Lai Chi Kok Reception Centre.  Upon being asked if he had any dangerous drug inside his body, he remained silent. 

5.On 7 July 2009, he told the staff that he had dangerous drug in his body.  Later he excreted 15 packets containing a total of 2.30 grammes of a mixture containing 1.94 grammes of heroin hydrochloride.  Under caution, he admitted that he had swallowed those 15 packets of dangerous drug before the police arrested him on 2 July 2009.

6.On 8 July 2009, he told the staff that he had further dangerous drug to excrete.  Later he excreted 5 packets containing a total of 0.75gramme of a mixture containing 0.63 gramme of heroin hydrochloride.  Under caution, he admitted that he had swallowed those 5 packets of dangerous drug before the police arrested him on 2 July 2009.

7.On the same day, the police arrested him.  Under caution, he said that he had swallowed 20 packets of dangerous drug before the police arrested him on 2 July 2009.

8.There were 21.29 grammes of a mixture containing 15.46 grammes of heroin hydrochloride.  

Mitigation put forward

9.The Defendant is now 40 years of age.  He is married but has no children.  He was educated up to F.2.  He worked as a casual worker.  He has quite a large number of criminal records.  He has 2 similar records in 1993 and 2006 respectively.  He has been serving a prison term of 6 months for possession of a dangerous drug since 15 September 2009.     

Sentencing guidelines

10.In The Queen v Lau Tak Ming [1990] 2 HKLR 370, the Court of Appeal has laid down guidelines for traffickers in heroin as follows:

(1)    up to 10 grammes of narcotice: 2 to 5 years’ imprisonment;

(2)    between 10 grammes and 50 grammes: 5 to 8 years;

(3)    between 50 grammes and 200 grammes: 8 to 12 years;

(4)    between 200 grammes and 400 grammes: 12 to 15 years;

(5)    between 400 grammes and 600 grammes: 15 to 20 years;

(6)    over 600 grammes: 20 years to life imprisonment.

Sentencing the Defendant

11.Based on Lau Tak-ming, the quantity was in the band of 5 – 8 years’ imprisonment.  I now take a starting point of 5 years and 6 months’ imprisonment.  There is no mitigating factor except for the plea of guilty.  I sentence the Defendant to 3 years and 8 months.  This shall be consecutive to the sentence he has been serving before.