The facts are as follows. At about 1708 hours on 5 February last, you were seen by police officers to leave Room 1211, Yat Tung House, Tung Tau Estate, Wong Tai Sin. You were intercepted and a search revealed three resealable plastic bags, containing 54 packs of dangerous drugs which were found in your right pocket.
Upon arrest and caution you said, “I conveyed the white powder to someone else, but was caught red-handed by you. Arrest me if you have to.”
A search was conducted of the room that you had exited. I understand your ex-wife was present at the time. Your shoulder bag was found in the living room and inside it were 18 plastic bags containing 346 packets of suspected dangerous drugs. Under further caution, you admitted to having brought the powder to the premises about an hour before.
It is to your credit that you made sure that your wife was exonerated in this matter.
The drugs were subsequently analysed and the results were that the drugs found in your possession were 10.17 grammes of a mixture containing 7.40 grammes of heroin hydrochloride and those found in the premises 60.56 grammes of a mixture containing 44.35 grammes of heroin hydrochloride.
In a subsequent video recorded interview under caution you said you met a friend on 5 February at Kowloon Tong MTR station. You agreed to deliver the dangerous drugs for $900 there and then and a further $1,000 when the delivery was complete. You were given 21 bags, three of which were to be placed in a telephone booth in Kowloon City and you were to be contacted again about the rest. You had visited your ex-wife and left the dangerous drugs in the shoulder bag in the premises while you went to deliver the other three packets.
The street value of the dangerous drugs was approximately $54,674.
You admitted to a long criminal record of 36 previous convictions on 34 occasions; 23 of those convictions are drug related and a substantial number relate to trafficking in dangerous drugs.
I understand from Mr Woon that you accept the information in your antecedent statement. That tells me that you are 65, educated to Form 3, a long term unemployed person in poor health and divorced.
On your behalf, Mr Woon entered mitigation. He pointed out that it is some five years since your last offence of trafficking in dangerous drugs, that you are a hardcore addict, that you are in poor health and require constant medical attention. In support of that he produced two medical reports which I accept. He tells me that whilst you have been unemployed for some considerable time, you were on a disability benefit of $4,100 at the time of the offence. You are divorced, but you have three children, ages 31 to 35.
I understand from time to time your children supplement your income. This normally is enough to provide for your daily needs and for your daily heroin. The offence occurred because Chinese New Year was approaching and your children had been able to provide you with any money. You were suffering pain your legs and you needed heroin and medication.
As we know from the brief facts, you were to receive a total of $1,900 for the delivery of these drugs, $900 there and then and a further $1,000 upon delivery. The person who persuaded you to deliver drugs was someone you had met in DATC previously.
With all the convictions you have, you understand the seriousness of this offence. It is one that falls within the tariff range of 8 to 12 years’ imprisonment.
Mr Woon had asked me to offer some reduction because of your poor health and your advanced age. However, it is well established that for drug offences that advanced age is no mitigation. I do, however, take into account that you were entirely cooperative with the police at the time of your arrest. It is to your credit that you ensured that your ex‑wife bore no blame for what you had done.
As I said, I do accept that you are in very poor health and that is clear from the medical reports and from the fact that whilst on remand you had to have medical attention. Against that, of course, is your appalling record. It is a very long record indeed, especially involving drugs. However, as an act purely of mercy, I will offer some small reduction.
I take a starting point of 7 and a half years’ imprisonment and reduce this to 5 years for your plea of guilty.
You will go to prison for 5 years.