HKSAR v. Li Ting Cheong

DCCC557/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 557 OF 2011

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Reasons for Sentence

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1.Defendant, you appear as D3 in this case and you pleaded guilty to one offence of Trafficking in dangerous drugs contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance Cap.134. You admitted the Brief Facts and I convicted you.

2.Briefly the facts were as follows.  Briefly at about 3.12 am on 19 February last, police officers conducted an anti dangerous drugs operation at the residence of the 2nd Defendant which is at Room 317, 39th Floor Wah Yau House, Tin Wah Estate, Tin Shui Wai.  Present were D2 and his mother.  D2’s mother revealed that you had come to D2’s home and taken a black bag containing the suspected dangerous drugs, which is E8, at night.  At 6.47 am on that day you were intercepted in the lift lobby of that building.  E8, containing a transparent plastic bag, (E7), containing six plastic bags containing suspected cocaine, (E6), were found in your shoulder bag.

3.Arrested and cautioned you admitted having taken the bag of cocaine from D2’s home for someone for reward.  At a subsequent video recorded interview you admitted the following:

1. You were asked by one Fei Him to take E8 from D2’s home. Fei Him told you that D2 was in trouble, you were later to return E8 to Fei Him for reward.

2. D2 is your secondary school mate.

3. Fei Him told you that dangerous drugs had been packed individually wrapped by a plastic bag and placed in a black rucksack.

4. You went to the 2nd defendant’s home and saw his mother. You asked her to search for a black rucksack.

5. D2’s mother took out E8 from the black rucksack and showed it to you. You then took away E8 and left.

6. You informed Fei Him that E8 was retrieved.

7. You would return E8 to Fei Him for reward.

Subsequently analysed E6, it was revealed, was six plastic bags containing 54.02 grammes of solid containing 32.88 grammes of cocaine. You possessed E6 for the purpose of trafficking.

4.At the time of your arrest you had on you, HK$2,184.50 and RMB$135.  The estimated street value of E6 was HK$56,458.  You admitted to two previous convictions, one involving dangerous drugs. 

5.On your behalf Mr Yip entered mitigation.  He asked me to accept that you were neither the mastermind nor prime mover in this offence.  You had been asked by Fei Him to go and get the drugs for reward. You did not know D1 but you knew D2 resided on 39th Floor of the same building.  The offence itself was not one of dealing, nor commercial trafficking, nor selling the drugs.  He told me that you are 19 years of age. In fact, you are 20 but it matters little.  You reside with your mother and father and three siblings.  Your father owns a bakery shop where you had worked since you were 18.  You were educated to form 3.  Various letters of commendation and support were presented to court. These were from family and teachers and a work colleague.  Your father says that you are punctual and a good worker.  Mr Yip told me that you are remorseful for what you have done; that when your parents came to the police station you knelt before them and cried.

6.On interception and arrest you were entirely cooperative with the police, making a full confession and now pleading guilty. Quite rightly he stressed the saving of court time by that plea.  He told me that since you have been discharged from DATC in March 2010, you had remained drug free.  He drew to my attention that D1, in this case, received a sentence of 30 months imprisonment and D2, 48 months imprisonment.  Mr Wong, at my request informed me that D1 had one previous conviction which was not similar and D2 was of clear record.  Finally, Mr Yip asked for leniency on your behalf. 

7.I turn now to the sentence.  This case is a very serious case involving over 38 grammes of cocaine.  The tariff is one of between 5 to 8 years’ imprisonment.  I do accept that your part, whilst certainly trafficking, was a little unusual being paid to retrieve the bag of dangerous drugs from D2’s home and that you were not a prime mover.  I accept that you were entirely cooperative with the police from the time of your arrest and you have now entered a plea of guilty. 

8.I note that you have two previous convictions, one of which is similar.  Mr Yip says that this is not related to that conviction and that you are now drug free.  I take into account that you are a relatively young man of 20 and seem to enjoy the support of your family. 

9.In all the circumstances I take as a starting point, 5 years 9 months, that is, 69 months.  You are entitled to and will receive one-third discount.  You will, therefore, go to prison for 46 months.