HKSAR v. Li Kam Hung

DCCC 205/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 205 OF 2013

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to trafficking in a dangerous drug.  In late afternoon on 11 December 2012, the defendant was intercepted as he left the exit of the green channel at the arrival hall of Lo Wu Control Point, N.T.  A body search revealed 141 plastic packets of heroin mixture contained in 2 packs wrapped around the waistline of his underpants.  There were 8.96 g of heroin hydrochloride in a mixture of 20.89 g in total. 

2.He told the customs officer that it was heroin for self-consumption.  He had paid $6,000 for it at a bar in the Mainland.

3.The street value of the drug is estimated to be over $18,800. 

Personal background and mitigation

4.The defendant is 46 years of age, a casual delivery worker earning $7,000 per month.  He was divorced since about 7 years ago.  His son is now 20 years old and working.  He had 5 previous convictions for trafficking from 1993 – 1999. There was no repeat offending since the last one, which jailed him for 2 ½ years.  I do not regard him as a recidivist at the present moment.  He spent about $150 per day on drugs. 

5.His solicitor contends that it was a technical offence.  I do not agree.  Importing is squarely within the definition of trafficking.  The local government has to keep drugs off the border as part of a reciprocal and important measure to curb the spread of drugs in the world.  It is never intended to be a merely technical duty.   

Sentencing guidelines

6.The Court of Appeal in R v. Lau Tak-ming [1990]2 HKC 370 has considered 2 – 5 years as the appropriate starting point for trafficking in heroin of below 10 g. 

Sentencing this defendant

7.Given the vast number of packets, there is a very high potential for reselling.  I take a starting point of 5 years.  I reduce it to 40 months due to the plea of guilty.  There are no other mitigating factors to further reduce the sentence.