CRIMINAL CASE NO. 307 OF 2010
Lam Hon-tung of possession of dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap. 134, the particulars of that offence being that on 16 January 2010, outside staircase No. 8 of Metro City Plaza, Phase I, Tseung Kwan O, he had in his possession a dangerous drug, namely, 0.27 grammes of a solid containing 0.18 grammes of cocaine.
Lam Hon-tung and Liu Ka-lun, that is, both defendants, are convicted of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, the particulars of this offence being that on 16 January 2010, at Room B on the 8th Floor, Tower 6, Metro City Phase 1 in Tseung Kwan O, they unlawfully trafficked in 239.95 grammes of a solid containing 73.85 grammes of cocaine and 95.95 grammes of cocaine hydrochloride.
For the purposes of sentencing it is accepted that the total quantity of drugs referable to the Court of Appeal guidelines is 169.8 grammes of cocaine and cocaine hydrochloride.
The Summary of Facts reveals the following. Shortly after midnight on 16 January 2010, police officers were on duty in the vicinity of Tower 6, Metro City Plaza in Tseung Kwan O. There they intercepted both defendants. Both were searched. In Lam Hon-tung’s right front trouser pocket they found a packet of what they suspected to be dangerous drugs.
Lam was immediately arrested and told the police that the packet contained cocaine which was for his own consumption. Nothing was at that time found in Liu’s possession. However, it transpired that each of them had in their possession a set of keys which could open the wooden door and iron grille to Room B on the 8th Floor of Tower 6, Metro City Phase 1, these being the premises referred to in the charge of trafficking in dangerous drugs.
Using one of the set of keys, the police were able to gain entry into this room. The premises were searched and the police found, amongst other things:
90 plastic bags containing a total of 211.23 grammes of a solid containing 57.83 grammes of cocaine and 92.94 grammes of cocaine hydrochloride;
6 cups containing 28.55 grammes of a solid containing 51.97 grammes of cocaine and 3.01 grammes of cocaine hydrochloride;
1 plastic tray containing 0.16 grammes of a solid containing 0.05 grammes of cocaine;
1 electronic scale containing 0.01 grammes of a solid containing traces of cocaine;
18 paper boxes, each containing 1 plastic bag containing a total of 0.24 kilograms of a solid containing sodium bicarbonate.
There were also other cups, plastic bags and chopsticks which also had on them traces of cocaine.
Both defendants when questioned by the police admitted to trafficking the dangerous drugs found in that room.
The Government Chemist determined there to be a total of 169.8 grammes of cocaine and cocaine hydrochloride. It was admitted in the Summary of Facts that this quantity of drugs was valued in excess of $230,000.
From the antecedent statements and the matters advanced in mitigation it is apparent that both of the defendants are relatively young, in their early twenties. Both have previously been convicted of at least one drug offence. Both are single and advance in mitigation the reason that they resorted to trafficking in dangerous drugs was by reason of their then dire financial circumstances.
On behalf of each it is said that they are remorseful and have indicated that by their early pleas of guilty. This is accepted. There is, however, nothing in the mitigation advanced on behalf of either defendant or the circumstances of either defendant which could properly allow me to grant the two of them a discount in excess of the full one-third which is accepted as the norm.
The Court of Appeal guidelines for trafficking in cocaine are those laid down in the The Queen v Lau Tak Ming & Others [1990] 2 HKLRD 370. These guidelines are readily applicable to trafficking in cocaine or cocaine hydrochloride. It is accepted for the purposes of sentencing that no distinction can properly be made between cocaine and cocaine hydrochloride.
I am satisfied that the appropriate starting point for sentence after trial for trafficking in this quantity of cocaine and cocaine hydrochloride is 11 years’ imprisonment. Allowing each of the defendants a full one-third discount for their pleas of guilty and mitigating factors, the appropriate sentence is one of 7 years and 4 months’ imprisonment and that is the sentence that I impose on each of them on the charge of trafficking in dangerous drugs.
In the case of the 1st defendant, he has also pleaded guilty to possession of dangerous drugs. I am satisfied that a sentence of 6 months’ imprisonment, reduced to 4 months to allow for the plea of guilty, is appropriate. Bearing in mind the principles of totality, I am satisfied that it is appropriate to order that that 4 months’ imprisonment be concurrent to the 7 years and 4 months’ imprisonment imposed for the trafficking charge.
Thus it is that each of the defendants is sentenced to be imprisoned for 7 years and 4 months.