HKSAR V.Chan Ka Po

DCCC 372/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 372 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 dangerous drugs, contrary to section 4(l)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.You have admitted that on 8 February 2013 outside the Ground Floor of 27 Ashley Road, Tsim Sha Tsui, you unlawfully trafficked in 21.73 grammes of a solid containing 14.54 grammes of cocaine.

3.On the day in question at about 5.15 am you were seen by police officers who were in uniform acting suspiciously.  When you saw them, you turned around and therefore they approached you and intercepted you. Upon search, they found one resealable transparent plastic bag containing 90 smaller transparent resealable plastic bags each containing cocaine.  These drugs were placed at the waistband of your trousers.

4.The photograph of the drugs, read together with the government chemist’s certificate, showed that each packet of drugs were quite small with the cocaine in each packet. 

5.Upon arrest and under caution, you said that you were helping others to carry the cocaine.  At the time of your arrest, you had in your possession $60-odd, and the estimated street value of the whole amount of drugs was $22,534.

6.Your solicitor, Mr Ng, has made very full and thorough mitigation on your behalf and I have taken into account all that he has had to say. 

7.You are 22 years of age and are of clear record.  You have had education up to Form 1 and are married but have separated with your wife and have now a girlfriend to whom has born you two children.  You son is now two years old and your daughter is one. Your occupation at the time of arrest was that of a delivery worker earning $17,000 per month. 

8.I am informed by Mr Ng that the reason for your commission of this offence was due to you wishing to earn quick money.  The reason for you needing the money was because your son was seeking medical attention for problems with his eye and as your girlfriend was on CSSA. 

9.I have received letters from both yourself and your elder sister.  Your sister tells me that you have always been a hardworking man, good son, younger brother and a responsible father.  She says this offence is wholly out of character.  As for yourself, you have rightly pointed out that you have done wrong and that you know you should be punished.  However, you are deeply remorseful for your misdeeds therefore have entered your plea of guilty.

10.Mr Ng has properly pointed out that the courts are bound by authority set out by the Court of Appeal when sentencing offenders for drug trafficking.  The relevant case is correctly that of Lau Tak Ming.  The bracket to which you fall into is the second bracket, that is trafficking in cocaine of 10 to 50 grammes falls which calls for a sentence within the range of 5 to 8 years’ imprisonment if you were convicted after trial.

11.In following these guidelines I take into account that you are 22 years of age and are of clear record.  The amount of drugs involved was 14.54 grammes of cocaine.  Had I convicted you after trial, defendant, I would have taken a starting point of 5 years’ imprisonment. However, you have pleaded guilty and your plea of guilty warrants a one-third discount.  You are therefore sentenced to 3 years and 4 months’ imprisonment.