COURT: On 6 June 2014, the defendant pleaded guilty in the Magistracy to one count of managing a divan, contrary to sections 35(1)(a) and (2) of the Dangerous Drugs Ordinance, and one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the same Ordinance. He was committed to be sentenced in the Court of First Instance which is taking place today.
The Summary of Facts agreed to by the defendant on entering his pleas of guilty were that, on 11 December 2013, police, acting on information, carried out an anti-narcotics operation at the rooftop of Cheung On Mansion in Kwun Tong. A police officer posed as a drug addict and sought entry to a secure area on the rooftop. He was greeted by the defendant who asked him if he was coming to get the stuff. The police officer nodded and he was allowed entry into the premises.
He saw nine males and one female inside who were later acknowledged by the defendant as being customers. Once inside, the police officer revealed his identity and the defendant immediately dashed to the other side of the premises and threw two plastic bags out of the window. Other police officers arrived at the premises as part of the operation.
The bags that had been discarded by the defendant were retrieved and found inside was 55.9 grammes of a mixture containing 32.5 grammes of heroin. Also found inside a waist bag carried by the defendant were 19 packets containing a total of 2.79 grammes of a mixture containing 1.6 grammes of heroin, 16 packets containing a total of 2.4 grammes of a mixture containing 1.38 grammes of heroin, five packets containing a total of 1.95 grammes of a mixture containing 1.09 grammes of heroin, six plastic bags containing a total of 1.44 grammes of a crystalline solid containing 1.4 grammes of "Ice" and cash of $4,000.
After being arrested and cautioned, the defendant said: “These cold stuff and hot stuff are for selling to customers by me here for their consumption”. The police also carried out a search of the premises and seized the following items:
(i) One "Ice" flask, which is a glass bottle inserted with a straw, containing 31 millilitres of a liquid containing 0.02 of a gramme of a solid containing methamphetamine.
(ii) One "Ice" flask containing 194 millilitres of a liquid containing 0.09 of a gramme of a solid containing methamphetamine.
(iii) One "Ice" flask containing 160 millilitres of a liquid containing 0.01 of a gramme of a solid containing methamphetamine.
(iv) One betting slip containing 0.01 of a gramme of a mixture containing heroin.
(v) One betting slip containing 0.05 of a gramme of a mixture containing heroin.
(vi) Seven new syringes (each with a hypodermic needle and cap attached) all containing traces of a solid containing heroin.
The police also seized a large quantity of unused syringes and an array of items and paraphernalia used for the consumption of drugs. Notebooks were also seized which recorded transactions relating to the sale of drugs and the working hours of the day and night shifts. There was a sign inside the premises, which was written by the defendant, stating that all transactions were to be made in cash only. The premises were approximately 200 square feet with a living room, a bedroom and a toilet. There was a CCTV system which consisted of seven cameras and four monitors installed at the premises and along the passageway outside the premises.
The defendant admitted he rented the premises to run a business of selling hot stuff and cold stuff, being heroin and "Ice" respectively, to customers for them to consume there on the premises.
The defendant is 47 years of age. He has an appalling criminal record. Since 1983, when he was 16 years of age, he has been regularly before the courts on mainly drug-related offences which also include crimes of violence and theft. He has been convicted of offences on 32 occasions and in 2001, he was convicted of trafficking in dangerous drugs and sentenced to 6 years and 9 months’ imprisonment. He has previously been committed to a Drug Addiction Treatment Centre on three occasions but with no effect as he has continued his life of crime in the drug trade unabated.
He appears to have no family support, or what family he has, have no contact with him. It is claimed on his behalf that he has worked as a waiter recently in the mainland, after his last release from prison, where he got married. It is claimed on his behalf that he lost the address of his wife and has not been able to contact her since. It would appear that he has not had much regard for his wife given the fact that he was operating and managing a divan here in Hong Kong for the sale and consumption of drugs. So whatever regard he may have had for his family, that was swept aside by his decision to operate the divan that he was found operating on 11 December 2013.
The defendant had established a crude but elaborate drug parlour for the sale and consumption of drugs, mainly, as he has stated, dealing in heroin and "Ice" which are hard drugs. He has lived a life of crime and has engaged in the drug business for most of the time that he has been in trouble with the law and now he has turned his hand to operating a business in the drug trade by setting up the drug parlour. These premises were equipped with security cameras and had within them an array of items and paraphernalia for the trading of hard drugs. At the time of his arrest, there were 10 customers in his establishment.
As I have described, he had an array of drugs in various forms of packaging that, in total, consisted of 36.57 grammes of heroin and 1.53 grammes of "Ice". For the purpose of sentencing, I will treat the total amount of drugs as 38.1 grammes according to the tariff case of Lau Tak Ming, for which a starting point of 7 years 2 months’ imprisonment is imposed.
I consider the defendant to be a recidivist which is an aggravating factor and, accordingly, his sentence will be enhanced to 8 years’ imprisonment in order for him to understand that repeated disobedience of the law will not be tolerated.
For the managing of the divan, I sentence the defendant to 2 years’ imprisonment. It was an elaborate and established parlour through which he was making money by preying on other drug addicts.
Bearing in mind the totality principle, I will make 1 year of the sentence for managing a divan consecutive with the sentence of 8 years for the trafficking in dangerous drugs and thereby result in a net sentence of 9 years’ imprisonment.
For his pleas of guilty, he is entitled to a one-third discount and, accordingly, I will discount the 9 years’ imprisonment by one-third and the resultant sentence is 6 years’ imprisonment.
I accordingly sentence you to 6 years’ imprisonment.