HKSAR v. Yun Tsz Chiu

DCCC 952/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 952 OF 2012

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Reasons for Sentence

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1.As a result of plea bargain, the prosecution applied to amend the charge from one of trafficking in dangerous drugs to that of simple possession thereof. Leave was granted. The defendant pleaded guilty to the charge. I called for a DATC report on 20 December 2012 and to accommodate the diary of both counsel, I adjourned the case to today, 7 January 2013, for sentence.

Brief Facts

2.At about 1.05 am on 8 August 2012, police saw the defendant walking hurriedly along Nam Cheong Street.  The defendant was acting furtively.  The police stopped and searched the defendant and found on the defendant a resealable plastic bag containing white-coloured powder in pellet form.  Under caution, the defendant said, “Ah Sir, this lump of white powder was bought by me for my own consumption.  It is not for sale.”  The police also found a mobile phone and cash of $200-odd on the defendant. Subsequently, in the video-recorded interview, the defendant made further admissions as follows:

(1) The defendant picked up the dangerous drug at the scene.

(2) On previous day, the defendant met a male called Hak Jai and bought the said dangerous drugs for $7,000 from him.

(3) Defendant was told by Hak Jai to go to a flower bed on Nam Cheong Street near Ki Lung Street to pick up the dangerous drugs at night. The defendant did what was told at around 1 am on 8 August.

(4) The defendant was a cook in a restaurant and earned a monthly salary of $14,500.

(5) The defendant has been a drug addict since 1996.

3.Upon chemical analysis, the dangerous drug so seized was found to contain 14.21 grammes of a mixture containing 8.09 grammes of heroin hydrochloride with a street value of about $11,900-odd.

Mitigation

4.All along, the defendant admitted he possessed the dangerous drugs for self-consumption.  Although the defendant would prefer to be sent to prison, counsel for the defendant properly submitted to the court that in light of the recommendation of the DATC report, it would be difficult to convince this court to take other sentencing option.  It was submitted that the defendant is a family man and he got the support from his family, especially his wife who is in court to support him.

Sentence

5.The defendant is now 44 years old and married with two daughters.  His wife and two daughters came to Hong Kong in 2005 for family reunion.  The defendant worked as a cook and earned about $15,000 per month.  Subsequently, the defendant worked as a kitchen worker on a casual basis, earning about $500 a day.  The defendant said he started to take drugs since 1996.  Defendant had only one minor conviction of gambling in May 2007 and was fined $300.  The conviction was spent.

6.According to the DATC report, the defendant started to take heroin in 1996 when he was living in China.  He continued to consume drugs after moving to Hong Kong in 1999.  The defendant has been a methadone user on and off for about 10 years.  As the defendant is a drug dependent and based on the medical examination and clinical observation, it was recommended that the defendant be sent to DATC.  In the circumstances, I accept and endorse the recommendation and send the defendant to DATC accordingly.