HKSAR v. Hau Wing Keung, Prince

DCCC 764/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 764 OF 2013

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Reasons for Sentence

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1.The defendant pleaded guilty to two charges, contrary to section 20(2) of the Societies Ordinance, Cap. 151, namely, claiming to be a member of the a triad society and being a member of a triad society on 30 September 2012. The 3rd charge to which the defendant pleaded guilty was trafficking in 0.066 grammes of cocaine on 16 October 2012. The 4th charge is trafficking in 2.03 grammes of cocaine on 5 November 2012.

2.The defendant’s triad and other activities came to light as a result of an undercover police operation.  Between May of 2011 and January of 2013, a police officer infiltrated the 14K Triad Society.  He started that infiltration in March of 2012.  With regards the first two offences, the facts are that on 29 September 2012 at 2100 hours, a 14K member named Sher Gor directed the undercover officer to go to an amusement games centre to assault a male.  In the early hours of the following morning at 0107 hours, upon Sher Gor’s direction, the undercover officer went to Kei Lung Street in Sham Shui Po where he met several other males including the defendant. At 0115 hours, the defendant, the undercover officer and two other men took a taxi to go to the Sa Po Amusement Games Centre in Sa Po Road, Kowloon City.  During the course of that journey, the defendant told the undercover officer that he was a member of the Shui Fong Triad Society and that he was able to recognise the target person.  When they arrived in Kowloon City, however, they were unable to find the target person and they left the scene at about 0250 hours.

3.With regards to the 1st trafficking offence which was committed on 15 October, the circumstances were that at 11.58 hours, the defendant sought the undercover officer’s assistance to sell eight droplets of cocaine.  He told the officer that the price was $400 per droplet, $700 for two and $1,000 for three.  The following day, the officer informed the defendant they had a friend who wanted to buy three droplets but required delivery in Sheung Shui.  The defendant told the officer that the price was $1,000 plus $150 for delivery fee and later that day the officer met the defendant at the MX Fast Food shop in the MTR at Sheung Shui Station.  The defendant there handed to the officer the drugs, the subject of the charge, and received $1,150 from the undercover officer.  The defendant asked the officer to call him if he had any friends in need of dangerous drugs.  Later that evening, the officer returned to the safe house and handed the drugs to his supervisor.

4.On 5 November, lunchtime, the defendant called the officer and asked him whether he had any friends in need of cocaine.  The officer said he had a friend who wanted 10 droplets of cocaine and the defendant confirmed the price was $3,600.  Later that evening, the defendant met the officer at the MX Fast Food shop in the MTR at Sheung Shui Station and gave him the drugs, the subject of the 4th charge and he was paid $3,600. Later, the officer went to the safe house and handed the drugs to his supervisor. 

5.The defendant was arrested on 2 February 2013. He admitted the offences.  He admitted that he had claimed to be a member of the Shui Fong Triad Society and as regards to the 2nd charge he said he was a member of Shui Fong Wo On Lok Triad Society and he had joined since he was 16. He said he was introduced by somebody called Chi Keung to join and his protector was Tsz Keung and Tai Wah and they were Sor Fan.  He said that his present rank was 49.

6.The defendant admitted selling the dangerous drugs to the undercover officer.  He said he committed the offences to earn some money.   In relation to the 4th offence, he said he earned about $600 to $700 and Shui Fong Wo On Lok and Shui Fong is an existing and active triad society in Hong Kong.

7.The defendant has a number of previous convictions.  He has appeared in court on 18 previous occasions in respect of 24 offences.  There are no triad offences and although four of the offences are drug-related they are for possession and not trafficking. I am told that the defendant is now serving a custodial sentence and is due to be released on 10 November 2013.

8.The defendant is 37 years of age, born in Hong Kong and educated to Secondary 4 standard.  He works as a casual decoration worker on a construction site earning some $10,000 per month and out of that he contributes some $4,000 to his mother and girlfriend.  I am told that he lives with his mother on the Chai Wan Estate and his family left the family when he was 7 years of age.  I am told that his girlfriend is now pregnant and the baby is expected at the end of October.  He knew the person who supplied the cocaine when he was approached by the undercover officer for drugs and thought he would make some money. 

9.A letter has been placed before the court from the defendant expressing his remorse.  He said that he will become a father and he is concerned that he would not see his child for some time and he says that that makes him extremely remorseful and asks for leniency. 

10.Clearly the offences to which the defendant has pleaded guilty are serious offences.  Triads are at the heart of criminal activity in Hong Kong.  This causes huge social problems.  It is very difficult to get evidence against triad members because most victims are too scared to come forward.  It is for that reason the police have to launch these very expensive undercover police operations.  Undercover police officers are put at considerable risk.  Custodial sentences must be imposed to act as an effective deterrence.

11.In considering the sentence appropriate in this case, I take into account that the first two offences were committed on the same day.  I also take into account the defendant is serving a custodial sentence and he does not finish serving that sentence until November of this year.  I have also considered the question of totality.

12.With regard to the first two offences, I take a starting point of 12 months’ imprisonment on each and reduce that by 12 months to reflect the guilty plea.  The defendant will go to prison for 8 months, those sentences to run concurrently.

13.In respect of charge 3, I take a starting point of 2 years and reduce that by one-third to reflect the guilty plea. So the sentence in that case will be 16 months and I order that 8 months of that sentence run consecutive to the sentences on charges 1 and 2.

14.In respect of charge 4, the starting point is 2½ years and because of his plea, that will be reduced to 20 months and I order that 10 months of that run consecutive to his existing sentence.  That makes a total of 26 months’ imprisonment.

15.As I indicated earlier, when arriving at this sentence I considered the question of totality and I order that these sentences run consecutive to his existing sentence.