HKSAR v. Chi Kwong Chiu

DCCC 519/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 519OF 2013

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Reasons for Sentence

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Charge

1.The defendant admits possessing for the purpose of trafficking assorted dangerous drugs found in his residence in a public housing block in Tin Shui Wai, N.T.  In the evening on 3 April 2013, when he opened the door to a visitor, the police in ambush rushed into his residence to execute a search warrant.   

2.On a table in the living room were found the following dangerous drugs:

(1) 2 foilpacks containing a total of 15 tablets containing 0.21 g of midazolam;

(2) 1 plastic bag containing 1.76 g of a crystalline solid containing 1.73 g of methamphetamine (“Ice”);

(3) 1 glass bottle containing 0.78 g of a crystalline solid containing 0.76 g of Ice;

(4) 1 plastic bag containing 9.99 g of a mixture containing 8.32 g of heroin hydrochloride;

(5) 1 plastic bag containing a total of 9 packets containing 2.04 g of a mixture containing 1.69 g of heroin hydrochloride;

(6) 3 packets containing 0.70 g of a mixture containing 0.58 g of heroin hydrochloride.

3.The narcotic contents of the aforesaid drugs in total were respectively as follows:

(1) 0.21 g of midazolam;

(2) 2.49 g of Ice;

(3) 10.59 g of heroin hydrochloride.

4.Apart from the drugs, the following items were found on the same table:

(1) 42 empty resealable plastic bags;

(2) 19 new syringes;

(3) 1 scale;

(4) 1 lighter;

(5) 1 wallet containing HK$1,350 and RMB565.

5.There was a leather bag containing HK$15,000 cash on the bed. 

6.In a video recorded cautioned interview on the following day, he claimed to have bought all the drugs from an unknown male in Yuen Long and the 19 syringes belonged to himself. 

7.The police estimated the street value of the drugs to be near HK$13,000.

Personal background and mitigation

8.He was born in Mainland China and is now aged 55.  He completed P. 3 education in Mainland China.  He was divorced with 3 adult children.  He lives alone at the reported address.  He mainly worked in the construction industry until he retired in 2006 or 2007.  After he retired, he worked as a causal decoration worker until 2008.  Since then, he relied on public assistance.  He suffers from asthma and tuberculosis.  He was a drug addict when he was arrested.  The midazolam found in this case for his own consumption when he could not sleep at night.  The Ice and part of the heroin were also for his own consumption.  He sold part of the heroin to supplement his expenses in buying drugs for himself. 

9.He has a number of previous records for possession of dangerous drugs from 2001 to 2007 and for trafficking from 2007 to 2008. 

Sentencing tariff guidelines for trafficking

10.For midazolam, it shall be up to 6 months for up to 500 g[1]. For Ice, it shall be 3 – 7 years for up to 10 g[2]. For heroin, it shall be 5 – 8 years for 10 g – 50 g[3].

Sentencing this defendant

11.His residence had a stock of resealable bags and syringes to go with 3 kinds of dangerous drugs.  He has a steady but low income from public assistance.  He is a user cum trafficker.  I take a starting point of 5 years.  I reduce it to 3 years and 4 months for his plea of guilty.  There are no other mitigating factors.  That is his sentence.