HKSAR v. Ma Chau Kut

DCCC941/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 941 OF 2010

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

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

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

Reasons for Sentence

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

1.The defendant has pleaded guilty to a charge of trafficking in 25.36 grammes of heroin hydrochloride.

2.He was intercepted on 24 June shortly after 11.30 in the evening as he exited Hong Kong customs and was walking towards the Lowu Railway Station.  As a result of a police search, it was suspected that he had drugs inside his body.  He was kept in police custody and the following day, at 2.38 in the morning, he excreted a condom containing the drugs, the subject of the charge.  The value of the drugs is $25,289.

3.It was discovered from the immigration records that he had left for Shenzhen on 24 June at 1754 hours.  When cautioned and arrested in respect of the offence, he said he was asked by an unknown male to deliver the drugs from the mainland to Hong Kong for a reward of $700. 

4.The defendant has appeared before the court on six previous occasions for a variety of offences, mainly drug‑related.  He has five convictions for possession of dangerous drugs and two for trafficking in dangerous drugs.  For two charges of trafficking in 2004, he was sentenced to 5 years 3 months’ imprisonment and 1 year 9 months’ imprisonment to run concurrently.

5.The defendant is 53 years of age.  He was born in China and educated to primary level.  Formerly a drug addict, he is divorced and has a 20-year-old son.  He lives apart from his son.

6.I am told that when he was on the mainland, he worked as a construction worker, in fact a foreman of a construction site, earning some $10,000 per month.  He was employed there by relatives.  I am told that in February 2007 at New Year, he came back to Hong Kong to visit friends and whilst he was in Hong Kong, he fainted.  He was taken to hospital and it was found that he had a gastronomic problem which required an operation which removed part of his stomach and his intestine.  As a result of his condition, he required painkilling pills which he took three or four times a day.  His counsel has told me that these were insufficient to relieve the pain and he therefore started taking drugs in ever increasing quantities, and he committed this offence because he needed money to buy drugs.

7.I am advised by his counsel that the defendant has been in Lai Chi Kok for three months and because of the treatment, food and the fact that he is not required to do any work there, his health condition has improved considerably.  And when he is released from custody, he intends to return to China to take up employment there.

8.The quantity of drugs puts the defendant in the category of 5 to 8 years.  It is more than 10 and less than 50 grammes of heroin hydrochloride.  The only mitigation in this case is the defendant’s guilty plea.  I take a starting point of 6 years and reduce that to 4 to reflect the guilty plea.