HKSAR v. Wong Kam Sum

DCCC 422/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 422 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.You admitted that on 11 March 2013 at the staircase at No. S8, Upper Ground 2nd Floor of the Lok Fu Plaza in Junction Road, Wong Tai Sin, you unlawfully trafficked in 5.44 grammes of a mixture containing 4.24 grammes of heroin hydrochloride.

3.On that day in question, police officers were conducting an anti-dangerous drug operation in the Lok Fu Plaza.  At about 5.45 pm they saw you entering the staircase of the plaza.  Three minutes later they saw you exiting from the staircase. 

4.The officers then conducted a sweeping of the staircase and at 8.30 pm a police officer found these drugs in the fire hydrant faucet at the staircase between the upper ground floor and the 1st floor.  The drugs were wrapped in a piece of tissue paper and were contained in 25 small packets. The police officers then put the drugs and the tissue back to the original position inside the fire faucet.  They then monitored the fire faucet for people going in and out of the staircase.

5.At 9.17 pm you were seen to enter the staircase of the upper ground floor and go to the faucet.  You put your hand into the fire faucet to take out the drugs and tissue.  You then put those drugs into right front pocket of your trousers.

6.You were then intercepted by the police officers at the upper ground floor of the staircase and the drugs were found in your pocket.  Under caution, you said you had nothing better to say as the drugs were found upon you.  You had with you cash of $157.60, yet the street value of the drugs were $4,493.

7.Defendant, you are 49 years of age and you have 28 previous convictions. Two of them are similar, that is for trafficking in dangerous drugs. Seven are for possession of dangerous drugs and three are for possession of apparatus fit and intended for taking dangerous drugs.

8.Mr Eric Chan, your solicitor, has mitigated fully and thoroughly on your behalf.  I have taken into account all that he has had to say.  In short, he has said that, as can be seen from your record, you have been a drug addict since 1982, for over 30 years now.  The reason for your commission of this offence was to support your drug addiction.  You needed money to buy the heroin and, therefore, you had to use these drugs to sell.

9.You were unemployed, single and had been living off CSSA since the year of 2000 and with an income of $1,900 a month.

10.Mr Chan has rightly referred me to the tariff case of Lau Tak Ming for trafficking in heroin.  You had an amount of 4.24 grammes of heroin hydrochloride and that falls within the first bracket, whereby the courts laid down that for up to 10 grammes of narcotic, a sentence of imprisonment after trial would warrant between 2 and 5 years’ imprisonment.

11.Defendant, in taking the amount of drugs (heroin) that you had for trafficking in the amount of 4.24 grammes, I would have taken a starting point of 3 years’ imprisonment had I convicted you after trial.  

12.However, you have pleaded guilty, which is your strongest mitigating factor, and that term should be reduced by one-third and, therefore, you shall be sentenced to 2 years’ imprisonment.