HKSAR v. Li Loi Tai

DCCC 243/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 243 OF 2013

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Reasons for Sentence

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1.Madam, you 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 occurred is this.  At around 1838 hours on 10 December of last year, PW1, a senior Customs officer, intercepted you coming from the Mainland via the Green Channel of the Customs Arrival Hall at Lok Ma Chau.  You were taken aside and searched.  A suspicion was formed that you had drugs in your body cavity, therefore you were escorted to North District Hospital. 

3.At around 2122 hours you discharged something suspected to be dangerous drugs wrapped in a condom.  That is Exhibit 1.  PW2 arrested you and seized the exhibits.  Inside the condom was found, inter alia, 14.02 grammes of mixture containing 10.07 grammes of heroin hydrochloride. Under caution, you claimed to have got it from a washing basin in a restaurant in China.

4.In a subsequent video recorded interview under caution you went on to say the following:  you got it from a washing basin in a toilet of a restaurant in the Mainland, you did not know what it was, you wrapped it in a condom and inserted it into your rectum being afraid of being discovered when you brought it into Hong Kong.  You claimed you wanted to see if it was valuable.

5.The estimated street value of the drugs is some $12,646.04.

6.You admitted to three previous convictions, none of which were similar, all, in fact, related to gambling.

7.Mr Mui entered mitigation on your behalf.  There was little that could be said, in fairness.  He told me that you are 60 years of age, married to a Mainlander, you have no children, and owing to an injury to your thigh, unable to obtain work.  You live on but $2,000 a month from Social Security and therefore you are in very poor financial circumstances.  I am told that an application was made for your husband to join you from the Mainland but this conviction may affect that application.

8.Mr Mui asked me not to increase the sentence on the basis that the drugs had been imported into Hong Kong.  He repeated your claim to have found them in a wash basin in China.  He pointed to your lack of similar convictions and your plea of guilty.

9.I turn now to the sentence.

10.This is a somewhat sad case for a lady of 60.  I note that you have nothing similar in the past and I am treating you as a person of clear record.  It is clear that you are of very poor financial means.  I do view with some suspicion your claim to have found these drugs in a wash basin in a restaurant, I must confess. 

11.The sentencing range into which this falls is some 5 to 8 years.  On your behalf, Mr Mui has asked me to adopt the lowest point, that is 5 years.  Additionally, I do note that after discharge of the drugs you were entirely co-operative. 

12.I have decided in all the circumstances to accede to Mr Mui’s request and take a starting point of 5 years’ imprisonment. You are entitled to a one-third discount.  With that discount, you will go to prison for 40 months.