HKSAR v. Kong Man also known as Kong Chun Wai

DCCC 928/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 928 OF 2014

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REASONS FOR SENTENCE

1.Kong Man you stand convicted after trial of one charge of trafficking in 15.19 grammes of cocaine and 11.70 grammes of herbal cannabis, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.Full particulars of the offence are set out in my verdict delivered earlier today. In summary on the 3 September last year the police saw you sitting in the driver’s seat of a private car JX6660 which was parked outside No. 1 Holly Road in Happy Valley.  The police found 14 tin foil packets of cocaine in the glove box of the car and later at the police station found 20 more tin foil packets of cocaine and the cannabis in the pocket of the driver’s door.

3.In passing sentence I have carefully considered everything said on your behalf by Mr Davies.  You cannot be given credit for a clear record having eight previous convictions, the last of which was for trafficking in drugs when you were sentenced by the High Court to 5½ years imprisonment.  You were released from prison in November 2004 and have therefore been out of trouble for almost 10 years.  In that time you have held down a stable job, “married” and have a young daughter.   

4.The courts have equated for sentencing purposes cocaine with heroin (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69).  In R v Lau Tak Ming [1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is between 10 and 50 grammes is between 5 and 8 years imprisonment.

5.I am satisfied the proper starting point after trial for 15.19 grammes of cocaine is 5 years and 5 months imprisonment.   

6.To be added to this is the cannabis.  I am satisfied the amount of herbal cannabis is not insignificant whereby this may be disregarded in determining the starting point.  In considering culpability the starting point must reflect you were trafficking in two different drugs. 

7.In HKSAR v Yau Ka Ming CACC 144/2013 the Court of Appeal said that the starting point for trafficking in ice and cocaine was to be enhanced by 3 months for the unlawful trafficking at the same time in 27.42 grammes of herbal cannabis.  

8.I am satisfied for trafficking in 11.70 grammes of herbal cannabis the starting point should be enhanced by 1 month to 5 years and 6 months imprisonment. 

9.The court may increase the starting point to take into account previous convictions for trafficking.  However as noted you have been out of trouble for almost 10 years I do not therefore increase the starting point by reason of that earlier conviction.

10.There being no grounds to reduce the starting point you are sentenced to 5 years and 6 months imprisonment, which I am satisfied properly reflects your criminality on the charge.