HKSAR v. Tang Kwai-chi, Gi Gi

DCCC 1023/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1023 OF 2012

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a single 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.What happened is as follows.  On 10 August last, at about 4.58 pm, Police Constable 3988 and Sergeant 51340 saw you come out of Room 815 of Tai Wing House, Tai Yuen Estate, Tai Po, the New Territories.  PC3988 revealed his police identity to you, intending to investigate. 

3.You immediately returned to the flat and locked the door.  You refused to open it and the police had to break in.  You were found to be alone.  Then you took out from the right pocket of your dress a transparent resealable plastic bag containing 16 packets of suspected dangerous drugs, 8 packets of suspected dangerous drugs and 4 plastic packets of suspected dangerous drugs, also another plastic bag containing 3 foilpacks of suspected dangerous drugs and 3 plastic bags of suspected dangerous drugs.

4.Shortly after 5 pm that day, PC3988 cautioned you and asked you what the suspected dangerous drugs were for.  Under caution, you replied that you were about to go out and sell them. 

5.At about 5.07 pm on that day, you were arrested.  Under caution, you said, “Ah Sir, I could not get a job, so I sell drugs to make a living.”

6.At the time of your arrest, you had in your possession various items, including cash of $2,200. 

7.Subsequently videoed under caution, you admitted the following: that you purchased drugs from an unknown male in a park for $5,000 a few days prior to your arrest, and these included the drugs found in your possession.  You had already sold part of the dangerous drugs to others and received $2,200.  This was the money the police found in your possession.

8.Subsequent analysis revealed the following: 16 packets contained 2.26 grammes of a mixture containing 1.05 grammes of heroin hydrochloride; 8 packets contained 1.46 grammes of a mixture containing 0.67 grammes of heroin hydrochloride; 4 tablets contained 0.05 grammes of midazolam; 6 tablets contained 0.07 grammes of nimetazepam; and 3 plastic bags contained a total of 0.78 grammes of a crystalline solid containing 0.76 grammes of methamphetamine hydrochloride, in other words, “Ice.” 

9.The estimated street value of all drugs seized in this case was in the region of $4,256.  All dangerous drugs were possessed by you for the purpose of trafficking.

10.You admitted to 13 previous convictions on 11 previous occasions.  Seven involved dangerous drugs, three of which were trafficking.

11.Mr Yuen on your behalf entered mitigation which he very helpfully provided in written form to me.  I am obliged to him for that.  He told me that you are 31 years of age, educated to Form 3 and single. You have a daughter aged 7 who is the result of a cohabitation with the father who has now left you.  You have had various jobs during your life, such as hairdresser, waitress and, prior to arrest, a part-time bakery worker.  Apart from your daughter, your family consists of your parents and three elder brothers.

12.Mr Yuen told me that you resorted to taking drugs after your former cohabitee had deserted you.  I understand that this was in 2005 shortly after the birth of your daughter.  You committed this offence because you were in financial need.  After release from prison, you were only able to find part-time employment.

13.Mr Yuen accepted there were two aggravating features in this case, the first being the cocktail or mixture of drugs and the second your poor record.  Nonetheless, he submitted that given the small quantity of “Ice” which is perhaps the most serious of drugs, then the starting point should be 3 years or less.

14.I turn now to the sentence.  You have pleaded guilty to trafficking in dangerous drugs, the main drugs being 1.72 grammes of heroin and 0.76 grammes of “Ice.”  The very small quantities of midazolam and nimetazepam can be overlooked.  As I indicated to Mr Yuen, I intend to adopt the combined approach.  As I have previously stated, I accept that the amount of “Ice” was very small.  I cannot overlook your very poor record and also on initial approach by the police, you were less than co-operative.  The police had to break into your premises, but thereafter you did co-operate.

15.The only real point of mitigation in your plea of guilty.  Whilst I note Mr Yuen’s submission as to length of sentence, I take the view it should be slightly longer than he has submitted.  Adopting the combined approach, I take as a starting point 39 months’ imprisonment, 3 years and 3 months, reduced to 26 months for your plea of guilty. You will go to prison for 26 months.

Please refer to CACC74/2013 for the relevant appeal(s) to the Court of Appeal.