HKSAR v. Chan Chun Kit

DCCC 80A/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 80A OF 2014

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Reasons for Sentence

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1.Defendant, I have convicted you after trial of trafficking in 0.24 grammes of cocaine. This prosecution was brought about due to an undercover police operation conducted in the Yuen Long area. The only prosecution witness was an undercover police officer who gave evidence as PW1.

2.On 11 September 2013, PW1 had a telephone conversation with a girl named Cha Ka-hei who was a waitress at a jazz pub in Yuen Long.  During his undercover operation, PW1 had ascertained that she was able to purchase quantities of cocaine.  During their telephone conversation, Cha asked PW1 whether he was interested to buy good stuff at the price of $250 per droplet.  It was arranged that they would meet outside an amusement game centre in Fau Tsoi Street in Yuen Long later that night.

3.At 9.35 pm, a private car driven by the defendant arrived outside the amusement game centre.  Cha initially boarded the vehicle and later signalled to PW1 to join her in the rear seat of the car, and the driver of the vehicle handed the drugs to Cha who handed them to the undercover police officer, and the undercover police officer passed the money $250 direct to the driver. 

4.Subsequently, the officer left the car and returned to the safe house where he handed the packet of dangerous drugs to another police officer, and it was found that this packet of drugs was 0.24 grammes of cocaine.

5.The defendant was arrested on 25 October 2013 and identified at an identification parade later on 5 November.  

6.The defendant has appeared before the court on two previous occasions, both relating to his possession of dangerous drugs.  In 2002, for possession of dangerous drugs, he was placed on probation for 18 months.  In 2004, he was found to be in breach of that probation order and ordered to go to a drug addiction treatment centre.  In 2010, for possession of dangerous drugs, the defendant was ordered to go to a drug addiction treatment centre.

7.The defendant was born in 1986 and was educated to Form 3 standard.  After leaving school, he has worked in his father’s wholesale seafood business.  He lives with his family in Lau Fau Shan.  I am told that he is married and his wife lives in China.  The defendant has a supportive family and they have been in court throughout the court proceedings.

8.As counsel for the defence has rightly observed, trafficking in this quantity of drugs is a matter which is usually dealt with in the Magistrates’ Court.  For trafficking in up to 10 grammes of cocaine, the sentencing band is from 2 to 5 years’ imprisonment.  For trafficking in this quantity of drugs, the usual starting point would be at the lowest end of that band, namely, a sentence of 2 years.  The only reason that this matter has been transferred to the District Court is that he was involved with the lady mentioned in the facts as Cha Ka‑hei.  He was jointly charged with her in connection with this offence but which she was charged with seven other matters of trafficking, which is why the matter was transferred to the District Court.

9.Having considered all the circumstances, I intend to impose a sentence at the lowest end of the band for sentencing in this quantity of drugs.  The defendant will therefore go to prison for a period of 2 years.