HKSAR v. Ho Yue Kwok

DCCC177/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 177 OF 2012

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Reasons for Sentence

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1.Defendant, 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.The facts are as follows.  Police officers, including PC5041 and PC11761, observed you acting furtively as you tried to cross the road and board a taxi at the junction of Man Ying Street and Man Cheong Street, Yau Ma Tei at about 0040 hours on 9 December of 2011. Being suspicious, they intercepted you.  You then placed a packet of suspected dangerous drugs into your mouth.  You refused to open your mouth when requested, and a struggling ensued.  PW2 subdued you, arrested you and cautioned you for possession of dangerous drugs.  You remained silent.

3.In your possession was found $1,970 and a mobile phone.  You were taken to hospital and at around 0847 hours, you vomited up a packet of dangerous drugs.  You were re-arrested and under caution admitted swallowing the white powder because you were scared.  You said you intended to sell it as you had no money. 

4.During a subsequent video-recorded interview, you admitted the offence.  You said the powder was heroin which you had purchased from an unknown male for $4,000.  It was your intention to share it with your friends in a public toilet.  You said they would pay $1,300.  You were worried that the police would find it, so you tried to swallow it. However, you were unsuccessful and you finally vomited it up.  Subsequent analysis showed it to be 13.93 grammes of a mixture containing 10.28 grammes of heroin hydrochloride.  The estimated street value was $11,227.58. 

5.You admitted to four previous convictions, only one of which involved dangerous drugs.  I note your last conviction and that was the drugs conviction was 1979.

6.Mr Leung, realistically as usual, accepted there was little he could say except to stress your plea of guilty.  He submitted that the minor struggle that had taken place had been out of fear. In trying to swallow the dangerous drugs and subsequently vomiting them up, you suffered some distress and discomfort.  He told me that you had been addicted to drugs since you were about 50, but you were now resolved to quit the habit. He did not pursue or plead that part of the dangerous drugs was for self-consumption.  However, he did urge leniency and ask me to adopt the bottom of the tariff, that this was based on the fact that the drugs were just over 10 grammes.  That of course I am sure you have been advised is a starting point of 5 years.

7.I turn now to the sentence.  Trafficking in dangerous drugs is rightly regarded as a serious offence in Hong Kong. However, I am in complete agreement with Mr Leung.  I have taken into account the quantity of the drugs involved being just over 10 grammes, your co-operation with the police to the extent that you made fairly extensive admissions at an early stage and your light record.  

8.I take as a starting point 5 years’ imprisonment.  That is 60 months.  Your plea of guilty entitles you to a discount of one-third.  Therefore, you will go to prison for 40 months.