HKSAR v. Chan Siu Cheung

DCCC 1027/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1027 OF 2012

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

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

Reasons for Sentence

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

1.Defendant, you have 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.

2.You admitted the brief facts and I convicted you.

3.Briefly, what happened is as follows.

4.On 31 July last, police officers went to Flat A, 2nd Floor, 81 Bulkeley Street, Hung Hom. The flat is divided into five rooms. An officer found the light of Room 5 to be turned off suddenly and heard noises. Using a torch, he looked in, to find you taking something from a table and rushing into the toilet.

5.As ordered to do so, you opened the door and a search was conducted.  This revealed one transparent plastic bag and five transparent plastic bags containing 140 packets of heroin hydrochloride inside the ventilator compartment on the ceiling.

6.Later analysis showed the total mixture to be 42.19 grammes containing 23.29 grammes of heroin hydrochloride.

7.You possessed this for trafficking.  The total street value was approximately $17,188.

8.A hammer, scissors, electronic scales, a box of painkillers, plastic bags and small plastic sheets were found on a table inside Room 5.

9.On arrest, you had in your possession $2,560 and a mobile phone.

10.Under caution, you admitted to buying it for $3,000 from Ah Ming to resell.

11.In a subsequent video recorded interview, you admitted that the previous day you had bought the dangerous drugs from Ah Ming for $3,000. You intended to sell the packets of dangerous drugs outside methadone clinics for $150 each. You admitted to packing the dangerous drugs. You used the hammer to break it, the scissors to unpack it, the scales to weigh it, the painkillers to mix with the dangerous drugs and the plastic bags and sheets to pack it for reselling. You would go out to resell it with 10 to 20 packets kept in your mouth. You admitted placing it in the ventilator compartment.

12.In the facts, you admitted that you are unemployed and not in receipt of CSSA.  That may not be quite correct.

13.You admitted to six previous convictions, five of which involved dangerous drugs.  You are, in fact, serving a sentence of 4 months’ imprisonment at this time, which commenced on 10 December of this year.

14.Mr Hui entered mitigation on your behalf.  That mitigation was limited because there was very little to be said.

15.He told me that you are remorseful.  Having come from the Mainland, you found it difficult to advance your education.  You are only educated to Form 1, so had been unable to obtain quality jobs.

16.You have been married for about four years, with your wife in the Mainland, to whom you usually send $600 per month.

17.In fact, between September of 2011 and July of 2012, you had been employed as a cook at a noodles stall and proof of that employment was produced.

18.Your father has written a letter to court.  He describes you as a good son and asks for leniency.  I understand upon your release your father is to assist you to find a proper job.

19.In Hong Kong, you reside with your parents who are aged 62 and 58 respectively.

20.Mr Hui said that part of the dangerous drugs would be consumed by yourself.  However, it seems this is impossible to quantify.

21.I was asked to show as much leniency as possible.

22.I turn now to the sentence.

23.You are a man of undistinguished criminal record, especially involving dangerous drugs.  I note that you are, in fact, serving a short prison sentence at this point in time.

24.You have pleaded guilty to trafficking in dangerous drugs of 23.29 grammes of heroin hydrochloride.

25.I do accept that part of that would have been taken by yourself, though I cannot quantify that amount.

26.In your favour, I do note that you were co-operative with the police, making full admissions; also, that you have pleaded guilty at the first available opportunity.

27.The tariff, as you have no doubt been advised, for this quantity of drugs is between 5 and 8 years.

28.I, therefore, in this case, take a starting point of 6 years, reduced to 4 years. That will be served consecutively with your existing sentence.