HKSAR v. Hui Ping Kei

DCCC 569/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 569 OF 2014

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Reasons for Sentence

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1.The defendant has pleaded guilty to one offence of trafficking in a dangerous drug. This relates to the execution of a search warrant at a premises in Sham Shui Po described as Room 7 where the defendant was found. The defendant was subject to a body search, and during the search from his right front jeans pocket, a transparent resealable plastic bag was found that contained 19 further transparent resealable plastic bags which contained the drug in question here.

2.The drug was analysed and found to be 6.45 grammes of methamphetamine hydrochloride. 

3.Defendant was then arrested.  He said that the “Ice”, for that is what it is, is for his self-consumption and asked for a chance.  There was a further video-recorded interview where the defendant said he earned daily wage of $800; that he was in Room 7 because he was meeting a man called Ah Wing.  He had bought the “Ice” from an unknown person for about $1,200, and he inhaled himself one to two bags of “Ice” each day.

4.The estimated street value of the drug is $3,464.63, and the defendant admits he is in possession of drug for the purpose of unlawful trafficking.

5.The defendant has admitted his antecedents. They show that he is a 40-year-old male, was a decoration worker at the time of his arrest, and has been addicted to both “Ice” and heroin since the age of 17 years old.  His addiction has led him into previous convictions.  He was fined in 1998 for possession of a dangerous drug and then a further offence in 2014 for further possession of a dangerous drug when he received a sentence of 14 days’ imprisonment.  He has also been convicted for theft in 2004.

6.As far as the defendant’s mitigation is concerned, he was born in Hoi Ping City in Guangdong and came to Hong Kong in 2001.  He received primary education in China.  He was married and has been divorced since 2011.  He first tried drugs in his early 20s and became a drug addict.  He has not previously been to a drug addiction treatment centre in Hong Kong but wishes to rid himself of the drug.  He lives with his mother aged 80 and an elder sister aged 45 at Lok Fu Estate.  He said that his monthly wages would amount to as much as $20,800.  He said that he did not consume the drug at home but would consume it with other peers in that room where he was found.  That is Room 7.

7.Other mitigating factors were that he had co-operated with the police, admitted that he had the drugs with him, that he is remorseful and willing to wean off his habit of drug taking.  He had at the time no financial difficulties, and it is said that his risk of re-offending in drug trafficking is low.  Of course, this is his first offence of drug trafficking.

8.For the possession of quantities of drugs such as this, there are clear guidelines for sentencing.  The quantity of drug in this case is 6.45 grammes of methamphetamine hydrochloride.  That places it in the range of up to 10 grammes which warrants a guideline sentence of between 3 to 7 years’ imprisonment.  

9.Based on this figure on quantity alone, I would consider the appropriate starting point would be one of 4 and a half years’ imprisonment.  I would also take into account in sentencing the defendant that it was his intention to consume a part of the drug himself.  That is clear from his mitigation, clear from his addiction and also apparent on the facts admitted.

10.It has been said that when that factor is taken into account, that could amount to a 10 to 25 per cent deduction from the original starting point.  I consider that such deduction should be at the lower end.  I will take a deduction in the region of 10 per cent, and I will capitalise that as a figure of 6 months’ imprisonment.  That means the actual starting point I will now take for sentence is one of 4 years’ imprisonment.  The defendant is entitled to a one-third deduction for his plea of guilty.  That will lead to a final sentence of 2 years and 8 months’ imprisonment.  The sentence will be that as follows: 2 years and 8 months’ imprisonment.