HKSAR v. Cheng Choy Ming

DCCC484/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 484 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to three charges, the first one being an offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you on 1 March 2011 at the junction of Kansu Street and Reclamation Street, Yau Ma Tei, unlawfully trafficked in 6.57 grammes of heroin hydrochloride.

2.The 2nd charge is a charge of remaining in Hong Kong without the authority of the Director of Immigration after having landed here unlawfully, contrary to section 38(1)(b) of the Immigration Ordinance, Cap.115, Laws of Hong Kong, and the third, an offence of possession of a forged identity card, contrary to section 7A(1) of the Registration of Persons Ordinance, Cap.177, Laws of Hong Kong.

3.The Summary of Facts which you have agreed are very straightforward and describe how on the day in question you were stopped and searched by police, when 34 packets of a mixture were found from your left front trouser pocket.  At the time you presented a Hong Kong Identity Card, being the forged ID card referred to in Charge 3, for inspection by the police.

4.After you were arrested you told the police under caution that you had come to Hong Kong illegally in 2009, and you further admitted that the identity card was forged and you had bought it in Shenzhen for 2,000 RMB.  As far as the substance found in your pocket is concerned, you told the police it was “white powder” and you intended to sell it to others.

5.When you were remanded at Lai Chi Kok Reception Centre, some two to three days later a further 10 packets of mixture were found in your excrement.  You had evidently swallowed these packets out of fear when you were originally arrested on 1 March.

6.You have three previous convictions, two of which are similar to the 3rd charge and one of which is similar to the 2nd charge.

7.Nothing of any consequence has been put before me by way of mitigation, save for  your plea of guilty, and I will give you due credit for that.

8.The sentencing guidelines for trafficking in heroin indicate a sentence of 2 to 5 years’ imprisonment for a quantity of up to 10 grammes. 

9.In this case the court is dealing with a quantity of 6.57 grammes of narcotic in relation to Charge 1.  Accordingly, I adopt a starting point of 3½ years’ imprisonment in relation to Charge 1.  I will discount that by one-third to take account of your plea of guilty, coming to a sentence of 28 months’ imprisonment on Charge 1.

10.With regard to Charge 2, the customary sentence for an offence of this nature is one of 15 months’ imprisonment after a plea of guilty.  I impose this sentence on you and order it to run consecutively to the sentence on Charge 1.

11.As far as Charge 3 is concerned, you are similarly sentenced to a term of 15 months’ imprisonment, but due to the question of totality, I order this to run concurrently to the sentences on Charges 1 and 2, arriving at a total sentence of 3 years and 7 months’ imprisonment in all.