HKSAR v. Lee Yiu Lung

DCCC775/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 775 OF 2012

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

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

Reasons for Sentence

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

1.The defendant has pleaded guilty to two charges of trafficking in dangerous drugs. Both offences were committed on the same day, namely, 22 June 2012. The amount of drugs in the 1st charge was 0.49 gramme of heroin hydrochloride, and in the 2nd charge, it was 13.27 grammes of heroin hydrochloride and 50 tablets containing 65(0.65?) grammes of midazolam.

2.The facts admitted by the defendant disclose that at 5.35 on 22 June 2012, a team of police officers conducted an anti-dangerous-drugs operation at No. 28 San Lok Street, Sheung Shui in the New Territories.  At 5.55, two officers conducted a vertical patrol and were at the staircase between the mezzanine floor and the 1st floor when they saw the defendant walking up the stairs from the ground floor acting suspiciously.  He was intercepted.

3.In his right front pocket of his trousers, they found the drugs, the subject of the 1st charge, and also cash of $400 and two keys.

4.The defendant was arrested for trafficking in dangerous drugs.  He said he sold the drugs in order to make little money so that he would have money to feed his own drug habit.  The defendant further admitted that three packets were No. 4 heroin and that he had just sold two packets of heroin to his friend for $200 each, thereby earning cash of $400.

5.The officers later executed a search warrant of the premises where the defendant resided.  On search, they found the drugs, the subject of the 2nd charge.  They also an electronic scale, a pair of scissors, a bag containing 35 empty resealable plastic bags, a pile of white plastic sheets and a Nokia mobile phone.

6.Under caution, the defendant admitted that all the items found were his, and the substance was No. 4 heroin and the tablets were midazolam.  He said that the electronic scale was used for weighing the heroin; each 0.2 gramme of heroin which he would sell for $200. He said that he sold the drugs in order to make money to feed his own habit.

7.When he was later interviewed which was video-recorded, he claimed that he purchased the heroin for $9,000 and the tablets for $1,000 from a male called Ng Chai at 3 o’clock the day before his arrest.  He would then pack the heroin as 0.2 gramme per packet and sell them at $200 each.  He said he would sell the midazolam tablets at $30 per tablet.  He said he rented the room for $1,500 per month and he was the only one who had the key to the room.

8.The estimated street value of the heroin and midazolam was about just over $14,000 for the heroin and $2,500 for the midazolam.

9.The defendant has previous convictions.  In 1996 and 2008, he was before the courts for possession of dangerous drugs; and in 2008, he was sent to the drug addiction treatment centre. 

10.I was told in mitigation that the defendant is 37 years of age.  He was educated to Secondary 5 level.  He is single and is a drug addict.  His parents are in their 60s and they are in court today to show their support for their son.  He said that he has a good relationship with his parents.  The defendant had previously worked as a technician with a good job, earning some $10,000 per month.  However, he was dismissed from that employment in 2010 and he has been unable to find regular employment since then.  He received a lump sum of $100,000 and his Mandatory Provident Fund payments of $200,000 and says that he has been living off that since.  He was dismissed from his employment.  Apparently, he has found it difficult to find another job because of the limited opportunities in the field in which he specialises.

11.I was told that he was 18 when he started to take drugs and that he has been to Hei Ling Chau on three occasions but has been unable to give up the habit.  I was told that he bought the drugs the day before he was arrested and intended to use the drugs for himself and sell some to his friends.

12.I have a letter from the defendant before the court in which he states he realises how bad drugs are and he feels remorseful for the commission of these offences.  He said that he succumbed to the temptation of taking drugs under peer pressure when he was younger.  He said that his drug use has marginalised him in society.  He says that during his current incarceration, he has reflected on his life.  He realises he has wasted a lot of time and that he is now determined to turn over a new leaf.  He is particularly concerned about the stress and anxiety he has brought to his parents and particularly his mother who has visited him regularly whilst he has been in prison.  I am told that he has now become a Christian and is determined to reform himself.

13.There is also a letter from the Society for Drug Abusers asking for a chance on behalf of the defendant and describing him as having a good moral character.

14.The defendant no doubt realises the seriousness of his position.  He has been to the drug addiction treatment centre on a number of occasions.  He has had plenty of time to reflect on his lifestyle whilst he was in the drug addiction treatment centre and yet he carries on taking drugs.  I have the greatest sympathy for his parents.  They are obviously very devoted to the son despite the fact that he has let them down on so many occasions.

15.Trafficking in heroin is a very serious offence, and no doubt counsel has told him of the guideline cases in relation to trafficking in these quantities of heroin.  With the 1st charge, the sentencing range is from 2 to 5 years; and for the 2nd charge, it is from 5 to 8 years.  That is how serious these offences are.

16.I accept what has been said in mitigation that some of the drugs were for your own consumption, but I have no doubt that a lot of it was for sale.  Because of that, I have adjusted the normal range of sentences that would be applied in this case and have decided to impose sentence at the lowest end of the sentencing range notwithstanding that the quantity of drugs in the 2nd charge is beyond the lower quantity limit of 10 grammes.  

17.In respect of the 1st charge, I take a starting point of 2 years’ imprisonment and reduce that to 16 months to reflect your guilty plea.  For the 2nd charge, I take a starting point of 5 years’ imprisonment and I reduce that to 40 months to reflect the guilty plea.  I have decided that both sentences should run concurrently.  So the total period of imprisonment will be one of 40 months’ imprisonment.

18.If you behave yourself in prison, that will be reduced.  This is an opportunity for you to give up your habit finally.  If you come out and re-offend in this way, the sentences will just get longer.