HKSAR v. WONG CHEUK FEI

DCCC 474/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 474OF 2008

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HKSAR
v.
WONG Cheuk-fei

Before: HH Judge E. Yip

Date: 6 December 2012 at 9:40 am

Present: Mr Vincent LEE, Public Prosecutor, of the Department of Justice, for HKSAR
Mr LAM Chi Yau, of M/s C.Y. Lam & Co assignedby DLA for Defendant

Offence: (1) Trafficking in a dangerous drug(販運危險藥物)
(2) Possession of a dangerous drug(管有危險藥物)
(3) Failing to surrender to custody without reasonable cause(無合理因由而沒有按照法庭的指定歸押)

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Reasons for Sentence

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Charges and facts

1. In late evening of 28 February 2008, the police intercepted the defendant at the carpark of a public estate in Sau Mau Ping, KwunTong. He possessed a bag containing 10.95 g of a solid containing 9.65 g of cocaine. Under caution he admitted it was for repackagingand resale (1st Charge: Trafficking in a dangerous drug).

2. A few hours later, on 29 February 2008, he took the police to his private car at the carpark. The police found a packet containing0.11 g of a powder containing 0.08 g of cocaine on board. Under caution he admitted it was for his own consumption (2nd Charge: Possession of a dangerous drug).

3. On 5 June 2008, he was granted bail at the Magistrates’ Court for his next hearing fixed for 20 June 2008 at the District Court. On 20 June 2008, he failed to turn up at the District Court hearing (3rd Charge: Failing to surrender to custody without reasonable cause). When arrested 4 years and 4 months later, on 17 October 2012,he claimed that he had failed to turn up at the hearing as he had believed his case should be tried in the Magistrates’ Court andnot the District Court.

Sentence

4. Based on the facts of the case and all his mitigating factors, I sentence him to 3 years and 1 month (ie 37 months) for the 1st Charge, 8 months for the 2nd Charge and 4 months for the 3rd Charge. The 1st and the 3rd Charges shall be consecutive to each other whereas the 2nd Charge shall be concurrent with them. The eventual sentence is 3 years and 5 months (ie 41 months).

( E. Yip )
District Judge

Please refer to CACC499/2012 for the relevant appeal(s) to the Court of Appeal.