DCCC692/2023 HKSAR v. WU WING HUNG AND ANOTHER - LawHero
DCCC692/2023
HKSAR v. WU WING HUNG AND ANOTHER
區域法院District Judge Ada Yim5/5/2024[2024] HKDC 951
DCCC692/2023
A A
B B
DCCC 692/2023
C
[2024] HKDC 951 C
D IN THE DISTRICT COURT OF THE D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E E
CRIMINAL CASE NO 692 OF 2023
F F
----------------------------
G G
HKSAR
H v H
WU Wing-hung (D1)
I I
LAU Wing-hung (D3)
J ---------------------------- J
K K
Before: District Judge Ada Yim in Court
L Date: 6 May 2024 L
Present: Mr. WONG Hin Sun Jack , Public Prosecutor, for HKSAR
M M
Mr. LEE Jo-Ey Joseph, instructed by Cheung & Co,
N N
assigned by the Director of Legal Aid, for D1
O
Mr. CHEUNG Chi Wai David, instructed by Fung & Fung, O
assigned by the Director of Legal Aid, for D3
P P
Q
Offence: [1] Possession of apparatuses fit and intended for the Q
smoking or inhalation of a dangerous drug（管有適合
R R
於及擬用作吸服危險藥物的器具）
S [2] Possession of a dangerous drug（管有危險藥物） S
T
[4] Failing to surrender to custody without reasonable cause T
（無合理因由而沒有按照法庭的指定歸押）
U U
V V
-2-
A A
B B
--------------------------------------
C REASONS FOR SENTENCE C
--------------------------------------
D D
E 1. All defendants were jointly charged with one count of E
possession of apparatuses fit and intended for the inhalation of a dangerous
F F
drug, contrary to section 36(1) and (2) of the Dangerous Drugs Ordinance,
G Cap 134 (Charge 1) ; and one count of possession of a dangerous drug, G
contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap
H H
134 (Charge 2). The first defendant was further charged with failing to
I surrender to custody without reasonable cause, contrary to section 9L(2) I
and (3) of the Criminal Procedure Ordinance, Cap.221 (Charge 4).The first
J J
and third defendants pleaded guilty to their respective charges, admitted
K the facts, and were convicted accordingly. K
L L
FACTS
M M
2. On 13 December 2022 at around 1929 hours, Police entered
N N
Room 1106 of M1 Hotel. D1, D3 and other two males were inside the
O Room. Police revealed their identity and produced a search warrant. O
P P
3. Upon search the following items were found on the TV
Q cabinet:- Q
R R
(a) One yellow plastic bottle and one plastic cover containing a
total of 9.32g of a solid containing 7.04g of cocaine;
S S
T
(b) 3 glass bottles, 2 of which fit and intended for the inhalation T
of a dangerous drug, containing a total of 146 ml of a liquid
U containing traces of cocaine; U
V V
-3-
A A
B B
(c) 4 lighters;
C C
And one plastic bag containing 23 empty plastic bags next to a safe placed
under the TV cabinet.
D D
E 4. At the material times, all defendants had in their possession E
the two inhaling devices fit and intended for the smoking or inhalation of
F F
cocaine. And all defendants had in their possession of the said 146 ml
G liquid which containing traces of cocaine. G
H H
5. D3 stated in his VRI that he was a cocaine user and spent
I HK$500 – 600 on cocaine every day. I
J J
6. D1 failed to appear in the District Court for plea on 16
K November 2023, warrant of arrest was issued and executed on 23 January K
2024 when she was outside the District Court. Under caution, D1
L L
explained she was admitted to hospital at the material time for a month.
M She claimed that she had sent the medical note to Court by mail, but no M
such medical note was received by the Court. D1 was admitted to Kwai
N N
Chung Hospital from 8 November 2023 and was discharged on 4
O December 2023. O
P P
Q MITIGATION Q
R R
D3
S 7. The defendant aged 49, educated up to Primary 6. Prior to his S
arrest, he was working as a subcontractor for electrical works on
T T
construction sites. He was living with his parents and two teenage children,
U he was the sole source of income for his family. U
V V
-4-
A A
B B
C 8. He has 12 criminal conviction, 17 counts, 5 related to C
dangerous drug, one of which is trafficking. His last conviction was related
D D
to road traffic offences of which he was sentenced to a total of 18 months’
E imprisonment. He completed his sentence on 9 March 2024 but remained E
in jail custody. For the last 14 months, he has been under the watchful
F F
supervision of the Correctional Services Department. The defendant is
G remorseful and askes the Court for leniency. He hopes to return to his G
family as soon as possible.
H H
I I
SENTENCE
J J
K 9. Subject to section 54A of the Ordinance, the maximum K
sentence for possession of apparatus is 3 years’ imprisonment provided by
L L
section 36(2) of the Ordinance, and any person in possession of a
M dangerous drug, convicted upon indictment, is liable to a fine of one M
million and to imprisonment for 7 years. Unless the defendant is serving
N N
a term of imprisonment of more than 9 months, or sentenced for other
O offences in the same proceedings for a term more than 9 months, no O
imprisonment shall be imposed for offence against section 8 or 36 of the
P P
Ordinance before the court consider the defendant’s DATC report.
Q Q
10. The defendants jointly in possession of the apparatuses and
R R
the said 146 ml liquid which containing traces of cocaine. Taking into
S account of the number of apparatuses, the quantity and the nature of the S
dangerous drug concerned, I considered the appropriate starting point of
T T
each count to be 6 months’ imprisonment, to run concurrently. D3 was a
U U
drug dependent and was last sentenced to DATC in 2001. He has been in
V V
-5-
A A
B B
jail custody since 10 March 2023, and remained in custody after he
C completed his sentence on 9 March 2024, during which he had no access C
to dangerous drugs, and most probably, he is not a drug dependent for the
D D
time being. Thus, in the case of D3, a long suspended sentence would be
E sufficient to reflect the criminality and deter him to commit offences again. E
F 11. D3 indicated his plea of guilty at the earliest opportunity, he F
is entitled to 1/3 discount and for the abovementioned reasons suspended
G G
for 2 years.
H H
12. Whereas in the case of D1, she was a drug addict and was last
I I
discharged from Nei Kwu Correctional Institution on 29 April 2019. She
J has been remanded in jail custody only since 23 January 2024, a DATC J
report is required to ascertain whether she is still a dependent on drugs and
K K
whether drug withdrawal treatment would be to her benefit.
L L
M ORDER M
N N
D1
O The sentence of D1 be adjourned to 21 May 2024 for a DATC report. O
P P
D3
Q Charge 1 sentenced to 4 months’ imprisonment, Q
Charge 2 sentenced to 4 months’ imprisonment,
R R
sentence of both charges to run concurrently and suspended
S S
for 2 years, i.e. 4 months suspended for 2 years.
T T
If during the operational period of the suspended sentence (2 years from
U today), should you commit an offence punishable with imprisonment, you U
V V
-6-
A A
B B
are in breach of the order, the suspended sentence is liable to be activated
and be in addition to the sentence you are to serve for your new offence.
C C
D D
E E
( Ada Yim )
F
District Judge F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 692/2023
C
[2024] HKDC 951 C
D IN THE DISTRICT COURT OF THE D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E E
CRIMINAL CASE NO 692 OF 2023
F F
----------------------------
G G
HKSAR
H v H
WU Wing-hung (D1)
I I
LAU Wing-hung (D3)
J ---------------------------- J
K K
Before: District Judge Ada Yim in Court
L Date: 6 May 2024 L
Present: Mr. WONG Hin Sun Jack , Public Prosecutor, for HKSAR
M M
Mr. LEE Jo-Ey Joseph, instructed by Cheung & Co,
N N
assigned by the Director of Legal Aid, for D1
O
Mr. CHEUNG Chi Wai David, instructed by Fung & Fung, O
assigned by the Director of Legal Aid, for D3
P P
Q
Offence: [1] Possession of apparatuses fit and intended for the Q
smoking or inhalation of a dangerous drug（管有適合
R R
於及擬用作吸服危險藥物的器具）
S [2] Possession of a dangerous drug（管有危險藥物） S
T
[4] Failing to surrender to custody without reasonable cause T
（無合理因由而沒有按照法庭的指定歸押）
U U
V V
-2-
A A
B B
--------------------------------------
C REASONS FOR SENTENCE C
--------------------------------------
D D
E 1. All defendants were jointly charged with one count of E
possession of apparatuses fit and intended for the inhalation of a dangerous
F F
drug, contrary to section 36(1) and (2) of the Dangerous Drugs Ordinance,
G Cap 134 (Charge 1) ; and one count of possession of a dangerous drug, G
contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap
H H
134 (Charge 2). The first defendant was further charged with failing to
I surrender to custody without reasonable cause, contrary to section 9L(2) I
and (3) of the Criminal Procedure Ordinance, Cap.221 (Charge 4).The first
J J
and third defendants pleaded guilty to their respective charges, admitted
K the facts, and were convicted accordingly. K
L L
FACTS
M M
2. On 13 December 2022 at around 1929 hours, Police entered
N N
Room 1106 of M1 Hotel. D1, D3 and other two males were inside the
O Room. Police revealed their identity and produced a search warrant. O
P P
3. Upon search the following items were found on the TV
Q cabinet:- Q
R R
(a) One yellow plastic bottle and one plastic cover containing a
total of 9.32g of a solid containing 7.04g of cocaine;
S S
T
(b) 3 glass bottles, 2 of which fit and intended for the inhalation T
of a dangerous drug, containing a total of 146 ml of a liquid
U containing traces of cocaine; U
V V
-3-
A A
B B
(c) 4 lighters;
C C
And one plastic bag containing 23 empty plastic bags next to a safe placed
under the TV cabinet.
D D
E 4. At the material times, all defendants had in their possession E
the two inhaling devices fit and intended for the smoking or inhalation of
F F
cocaine. And all defendants had in their possession of the said 146 ml
G liquid which containing traces of cocaine. G
H H
5. D3 stated in his VRI that he was a cocaine user and spent
I HK$500 – 600 on cocaine every day. I
J J
6. D1 failed to appear in the District Court for plea on 16
K November 2023, warrant of arrest was issued and executed on 23 January K
2024 when she was outside the District Court. Under caution, D1
L L
explained she was admitted to hospital at the material time for a month.
M She claimed that she had sent the medical note to Court by mail, but no M
such medical note was received by the Court. D1 was admitted to Kwai
N N
Chung Hospital from 8 November 2023 and was discharged on 4
O December 2023. O
P P
Q MITIGATION Q
R R
D3
S 7. The defendant aged 49, educated up to Primary 6. Prior to his S
arrest, he was working as a subcontractor for electrical works on
T T
construction sites. He was living with his parents and two teenage children,
U he was the sole source of income for his family. U
V V
-4-
A A
B B
C 8. He has 12 criminal conviction, 17 counts, 5 related to C
dangerous drug, one of which is trafficking. His last conviction was related
D D
to road traffic offences of which he was sentenced to a total of 18 months’
E imprisonment. He completed his sentence on 9 March 2024 but remained E
in jail custody. For the last 14 months, he has been under the watchful
F F
supervision of the Correctional Services Department. The defendant is
G remorseful and askes the Court for leniency. He hopes to return to his G
family as soon as possible.
H H
I I
SENTENCE
J J
K 9. Subject to section 54A of the Ordinance, the maximum K
sentence for possession of apparatus is 3 years’ imprisonment provided by
L L
section 36(2) of the Ordinance, and any person in possession of a
M dangerous drug, convicted upon indictment, is liable to a fine of one M
million and to imprisonment for 7 years. Unless the defendant is serving
N N
a term of imprisonment of more than 9 months, or sentenced for other
O offences in the same proceedings for a term more than 9 months, no O
imprisonment shall be imposed for offence against section 8 or 36 of the
P P
Ordinance before the court consider the defendant’s DATC report.
Q Q
10. The defendants jointly in possession of the apparatuses and
R R
the said 146 ml liquid which containing traces of cocaine. Taking into
S account of the number of apparatuses, the quantity and the nature of the S
dangerous drug concerned, I considered the appropriate starting point of
T T
each count to be 6 months’ imprisonment, to run concurrently. D3 was a
U U
drug dependent and was last sentenced to DATC in 2001. He has been in
V V
-5-
A A
B B
jail custody since 10 March 2023, and remained in custody after he
C completed his sentence on 9 March 2024, during which he had no access C
to dangerous drugs, and most probably, he is not a drug dependent for the
D D
time being. Thus, in the case of D3, a long suspended sentence would be
E sufficient to reflect the criminality and deter him to commit offences again. E
F 11. D3 indicated his plea of guilty at the earliest opportunity, he F
is entitled to 1/3 discount and for the abovementioned reasons suspended
G G
for 2 years.
H H
12. Whereas in the case of D1, she was a drug addict and was last
I I
discharged from Nei Kwu Correctional Institution on 29 April 2019. She
J has been remanded in jail custody only since 23 January 2024, a DATC J
report is required to ascertain whether she is still a dependent on drugs and
K K
whether drug withdrawal treatment would be to her benefit.
L L
M ORDER M
N N
D1
O The sentence of D1 be adjourned to 21 May 2024 for a DATC report. O
P P
D3
Q Charge 1 sentenced to 4 months’ imprisonment, Q
Charge 2 sentenced to 4 months’ imprisonment,
R R
sentence of both charges to run concurrently and suspended
S S
for 2 years, i.e. 4 months suspended for 2 years.
T T
If during the operational period of the suspended sentence (2 years from
U today), should you commit an offence punishable with imprisonment, you U
V V
-6-
A A
B B
are in breach of the order, the suspended sentence is liable to be activated
and be in addition to the sentence you are to serve for your new offence.
C C
D D
E E
( Ada Yim )
F
District Judge F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V