A A
DCCC484/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 484 OF 2011
C C
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D D
HKSAR
E v. E
Cheng Choy-ming
F also known as F
Zheng Caiming
G G
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H Before: H H Judge Geiser H
Date: 22 June 2011 at 12.07 pm
Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR
I Mr Fung Sik-yue, of Messrs S Y Fung, assigned by the I
Director of Legal Aid, for the Defendant
J Offence: (1) Trafficking in a dangerous drug (販運危險藥物) J
(2) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
K unlawfully in Hong Kong (在香港非法入境後未得入境事務處處長 K
授權而留在香港)
L (3) Possession of a forged identity card (管有偽造身分證) L
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M M
Reasons for Sentence
N N
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O 1. Defendant, you have pleaded guilty to three charges, O
the first one being an offence of trafficking in dangerous
P P
drugs, contrary to section 4(1)(a) and (3) of the Dangerous
Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars
Q Q
being that you on 1 March 2011 at the junction of Kansu Street
R and Reclamation Street, Yau Ma Tei, unlawfully trafficked in R
6.57 grammes of heroin hydrochloride.
S S
2. The 2nd charge is a charge of remaining in Hong Kong
T without the authority of the Director of Immigration after T
having landed here unlawfully, contrary to section 38(1)(b) of
U U
the Immigration Ordinance, Cap.115, Laws of Hong Kong, and the
CRT24/22.6.2011/LT 1 DCCC484/2011/Sentence
V V
A A
third, an offence of possession of a forged identity card,
contrary to section 7A(1) of the Registration of Persons
B B
Ordinance, Cap.177, Laws of Hong Kong.
C C
3. The Summary of Facts which you have agreed are very
D straightforward and describe how on the day in question you were D
stopped and searched by police, when 34 packets of a mixture
E E
were found from your left front trouser pocket. At the time you
presented a Hong Kong Identity Card, being the forged ID card
F F
referred to in Charge 3, for inspection by the police.
G G
4. After you were arrested you told the police under
H caution that you had come to Hong Kong illegally in 2009, and H
you further admitted that the identity card was forged and you
I I
had bought it in Shenzhen for 2,000 RMB. As far as the substance
found in your pocket is concerned, you told the police it was
J J
“white powder” and you intended to sell it to others.
K K
5. When you were remanded at Lai Chi Kok Reception Centre,
L some two to three days later a further 10 packets of mixture L
were found in your excrement. You had evidently swallowed these
M packets out of fear when you were originally arrested on M
1 March.
N N
6. You have three previous convictions, two of which are
O O
similar to the 3rd charge and one of which is similar to the 2nd
P charge. P
Q 7. Nothing of any consequence has been put before me by Q
way of mitigation, save for your plea of guilty, and I will give
R R
you due credit for that.
S S
8. The sentencing guidelines for trafficking in heroin
T indicate a sentence of 2 to 5 years’ imprisonment for a quantity T
of up to 10 grammes.
U U
CRT24/22.6.2011/LT 2 DCCC484/2011/Sentence
V V
A A
9. In this case the court is dealing with a quantity of
6.57 grammes of narcotic in relation to Charge 1. Accordingly, I
B B
adopt a starting point of 3½ years’ imprisonment in relation to
C Charge 1. I will discount that by one-third to take account of C
your plea of guilty, coming to a sentence of 28 months’
D imprisonment on Charge 1. D
E E
10. With regard to Charge 2, the customary sentence for an
offence of this nature is one of 15 months’ imprisonment after a
F F
plea of guilty. I impose this sentence on you and order it to
G run consecutively to the sentence on Charge 1. G
H 11. As far as Charge 3 is concerned, you are similarly H
sentenced to a term of 15 months’ imprisonment, but due to the
I I
question of totality, I order this to run concurrently to the
sentences on Charges 1 and 2, arriving at a total sentence of
J J
3 years and 7 months’ imprisonment in all.
K K
L L
M H H Judge Geiser M
District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
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