HKSAR v. Chan Man Ting

HCCC 265/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 265 OF 2014

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to two offences of trafficking in dangerous drugs, namely, 10.69 grammes of crystalline solid containing 10.57 grammes of methamphetamine hydrochloride, and 4.43 grammes of crystalline solid containing 4.41 grammes of methamphetamine hydrochloride, otherwise known as “Ice”.

The facts are not complicated.

At about 1.28 am on 23 January last, police noticed you crossing the road outside Sha Tin Wai MTR, walking towards Pok Hong Estate. You were intercepted and searched at Yat Tai Street.

A medicine bag containing a plastic bag of suspected dangerous drugs was found in your handbag. Later analysis showed this to be 10.69 grammes of crystalline solid containing 10.57 grammes of methamphetamine hydrochloride, “Ice”.

Under caution, you admitted it was “Ice”. You said, “I just delivered it here for another person, thinking of making $500 quick money.”

After arrest and further caution, you said, “My daughter is just 1 year old and my husband has run away. Therefore I delivered the packet of dangerous drugs, ‘Ice’, to Shatin for another person, thinking to earn money and supporting my family. Give me a chance, please.”

That same day, your residence, which is Flat 1114, Wang Sin House (Block 7), Cheung Wang Estate, Liu To Road, was searched.

A box was found under a pillow on a bed in the living room. In that box was found 14 resealable plastic bags, each containing dangerous drugs, later confirmed to be 4.43 grammes of crystalline solid containing 4.41 grammes of methamphetamine hydrochloride.

After caution, you said, “About this packet of ‘Ice’, I intended to sell it to others. It has nothing to do with anyone. No one knows about it.”

In a later video recorded interview under caution, you said you received the drugs found in your handbag from Ah Leung in Tai Kok Tsui. You were delivering them to Lung Chai in Pok Hong Estate.

In a second video recorded interview, you said the drugs found at your premises had been purchased from Ah Ming in Sham Shui Po and you would sell them to make money.

The total amount of drugs seized had an estimated street value of $6,456.

You admitted to eight previous convictions on seven occasions, three of which involved either dangerous drugs or Part I poisons. I note that you have never committed the offence of trafficking in dangerous drugs before.

You are 29 years of age, Hong Kong born, unemployed and in good health. You are the mother of a young daughter aged 1 and you admit that you have been taking dangerous drugs since the age of 12.

On your behalf, Mr Yu entered mitigation. That mitigation had been very helpfully reduced to writing.

He spoke of your difficult formative years when you grew up in a broken family. On your behalf, he acknowledged the difficulties faced by your mother in bringing up a family as a single parent and the adverse effect that it had on you. This led you to mix with undesirable elements and you were led astray.

Unfortunately, your mother’s remarriage failed to improve your plight. You could not get along with your stepfather.

You are not well educated, having studied only to Form 3. You have in the past tried various jobs, but at the time of these offences, you were unemployed.

While serving your last sentence of imprisonment for an offence of burglary, you gave birth to your daughter. However, the father, your then-boyfriend, had deserted you.

Since then, you have struggled to bring up your daughter on social security of about $5,000 a month.

Additionally, your addiction to dangerous drugs caused severe financial problems. Very foolishly, you tried to alleviate those problems by dealing in dangerous drugs.

You say that the dangerous drugs in Charge 2 (that is, 4.43 grammes of “Ice”) had been bought for about $4,000 a week earlier and kept in your flat. The 10.57 grammes of “Ice” (Charge 1) would be delivered to someone else.

Mr Yu went on to highlight your mitigation. He stressed your plea of guilty and cooperation with the police after arrest. He said the amount of dangerous drugs was not substantial, being worth only about 6½ thousand dollars at street value. He stressed how much you missed your daughter while you had been incarcerated. He told me that you are now resolved to turn over a new leaf upon release.

Mr Yu submitted that part of the dangerous drugs in the second charge (in fact, about a quarter of those drugs) were for self-consumption. I note that this is a small proportion of the amount of drugs involved, being just over 1 gramme of about 15 grammes.

Quite rightly, he identified that the tariff for such an overall quantity of drugs is some 7 to 11 years’ imprisonment.

On your behalf, he urged a further and substantial discount for the fact that part were for your self-consumption. He referred me to the case of HKSAR v Chow Chun Sang, CACC 135/2011. That is a decision of the Court of Appeal. That dealt with circumstances where self-consumption of the dangerous drugs was involved. However, I have to note that a much more substantial part of the dangerous drugs would be used for self-consumption than is the case for you.

I turn now to the sentences.

I have to note that you have a very poor record. I am told also that these offences were committed whilst you were on police bail for other offences related to drugs.

I have read and taken into consideration the letter that you have submitted to me. There are points in mitigation in this case. I accept that you were very cooperative with the police on arrest and note your major point of mitigation and that is your plea of guilty.

Whilst referring to your poor record, I also note this is the first time you have been involved in actual trafficking in dangerous drugs.

I note all the circumstances that have been placed before me, especially the difficulties you faced in your life. These include the difficulties of growing up in a broken home and having to care as a single parent for your daughter on very limited resources.

Whilst I do have some sympathy for your plight, trafficking in dangerous drugs is not the answer.

I am also prepared to accept, and this is supported by the medical report, that you would have taken a small percentage of the second quantity of dangerous drugs (that is about 1 gramme) for your own consumption. I have to stress that, given that this case involves some 15 grammes of “Ice”, that is but a small proportion of the “Ice” for self-consumption.

However, I will allow some discount from sentence for this. I will do that by reducing the starting point that I would have taken.

My approach is to take an overall amount of dangerous drugs to give the ultimate sentence. The starting point I would have taken would have been one of 7 years and 3 months.

However, given that a small proportion of the drugs was for self-consumption, I will reduce that starting point to 6 years and 9 months.

The following sentences will apply.

On Charge 1, I take a starting point of 6 years and 9 months’ imprisonment.

Having pleaded guilty, you are entitled to and will receive the full one-third discount.

Therefore, you will go to prison for 4 years and 6 months; that is 54 months.

On the second charge, I take as a starting point 3 years’ imprisonment.

Again, for your plea of guilty, there will be a full one-third reduction.

That is, to 2 years imprisonment.

These sentences will be served concurrently.

Therefore, you will go to prison for 4 years and 6 months.