HKSAR v. KONG SIU MING

DCCC 613/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 613 OF 2013

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HKSAR
v
Kong Siu-ming

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Before: Deputy District Judge Longley

Date: 12 September 2013 at 10.57 am

Present: Mr Vincent Lee, PP, of the Department of Justice, for HKSAR
Mr Kwong Chi Ho, of Raymond Kwong & Co, assigned by the Director of Legal Aid, for the defendant

Offence: Trafficking in a dangerous drug (販運危險藥物)

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Reasons for Sentence

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1. You have been convicted on your own plea of a charge of trafficking in 56.16 grammes of a solid containing 26.33 grammes of cocaine.

2. This offence took place in the late afternoon of 19 March this year outside the building in which you live in Tin Wah Estate inTin Shui Wai. You were stopped by the police as you came out of the main entrance of the building. The shoulder bag you were carryingcontained 170 plastic bags containing cocaine. When you were arrested, you admitted that you were going to sell the cocaine in orderto earn money.

3. The police took you back to your home where they found 30 more plastic bags containing cocaine in your underpants. You claimedthat you were going to return those drugs to your supplier because they were of inferior quality. The police have estimated thatthe street value of all the drugs involved at that time was over $76,000.

4. When you were later interviewed by the police, you explained how you were selling drugs in Yau Ma Tei, Tsim Sha Tsui and Mong Kokfrom somebody who would pay you $50 to $80 for each bag that you sold. You collected the bags, the 170 bags that were in your rucksack,from a park late at night the previous day. You admitted that you were on your way to sell those drugs.

5. I need not tell you that trafficking in dangerous drugs is always a very serious offence. You would have been in no doubt whatsoeverthat very serious consequences would follow if you were caught trafficking in these drugs, yet despite that you decided to take thatrisk presumably because of the financial reward that trafficking would bring you. As I am sure Mr Kwong has told you, the normaltariff bang for trafficking in offences of this sort of quantity is a sentence of between 5 and 8 years’ imprisonment.

6. You are not a man of previous good character. You have been convicted of 12 offences previously and served terms of imprisonment. However, I do bear in mind that this is the first drug-related conviction and that you have steered clear of the courts for thelast six years. I have listened to all that Mr Kwong has eloquently said on your behalf. I particularly bear in mind what he hassaid about you being a good husband and a good father. That is borne out by the letters, in particular the letter from the teacherat your son’s school. You are the sole breadwinner of the family. By doing what you did, you have badly let your family downand they too will have to bear the penalty for your activities. As a father, you yourself should have appreciated the effect youractivities would have on the children of other men.

7. In the light of everything that has been urged upon me by Mr Kwong, I am prepared to adopt a starting point in your case of 5½years in prison. You had pleaded guilty, indicating your remorse at what has occurred and therefore you are entitled to the usualdiscount of one-third. I accordingly sentence you to 44 months’ imprisonment, that is 3 years and 8 months’ imprisonment.

P.K.M. Longley
Deputy District Judge