區域法院（刑事）District Judge Ada Yim20/5/2024[2024] HKDC 952
DCCC692/2023
A A
B B
DCCC 692/2023
C
[2024] HKDC 952 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 692 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I WU Wing-hung (D1) I
----------------------------
J J
K Before: District Judge Ada Yim in Court K
Date: 21 May 2024
L L
Present: Mr. FUNG Lap Tin Leo, Public Prosecutor, for HKSAR
M Mr. LEE Jo-Ey Joseph, instructed by Cheung & Co, M
assigned by the Director of Legal Aid, for D1
N N
Offence: [1] Possession of apparatuses fit and intended for the
O smoking or inhalation of a dangerous drug（管有適合 O
於及擬用作吸服危險藥物的器具）
P P
[2] Possession of a dangerous drug（管有危險藥物）
Q Q
[4] Failing to surrender to custody without reasonable cause
R （無合理因由而沒有按照法庭的指定歸押） R
--------------------------------------
S S
REASONS FOR SENTENCE
T -------------------------------------- T
U U
V V
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A A
B B
C 1. D1 was jointly charged with other three defendants one count C
of possession of apparatuses fit and intended for the inhalation of a
D D
dangerous drug, contrary to section 36(1) and (2) of the Dangerous Drugs
E Ordinance, Cap 134 (Charge 1) ; and one count of possession of a E
dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs
F F
Ordinance, Cap 134 (Charge 2). She was further charged with failing to
G surrender to custody without reasonable cause, contrary to section 9L(2) G
and (3) of the Criminal Procedure Ordinance, Cap.221 (Charge 4). She
H H
was convicted upon her own plea and admission of the facts. Her case was
I last adjourned for a DATC report. I
J J
FACTS
K K
2. On 13 December 2022 at around 1929 hours, Police entered
L L
Room 1106 of M1 Hotel. D1, D3 and other two males were inside the
M Room. Police revealed their identity and produced a search warrant. M
N N
3. Upon search the following items were found on the TV
O cabinet:- O
P P
(a) One yellow plastic bottle and one plastic cover containing a
Q total of 9.32g of a solid containing 7.04g of cocaine; Q
R (b) 3 glass bottles, 2 of which fit and intended for the inhalation R
of a dangerous drug, containing a total of 146 ml of a liquid
S containing traces of cocaine; S
T (c) 4 lighters; T
And one plastic bag containing 23 empty plastic bags next to a safe placed
U under the TV cabinet. U
V V
-3-
A A
B B
C 4. At the material times, all defendants had in their possession C
the two inhaling devices fit and intended for the smoking or inhalation of
D D
cocaine. And all defendants had in their possession of the said 146 ml
E liquid which containing traces of cocaine. E
F F
5. D1 failed to appear in the District Court for plea on 16
G November 2023, warrant of arrest was issued and executed on 23 January G
2024 when she was outside the District Court. Under caution, D1
H H
explained she was admitted to hospital at the material time for a month.
I She claimed that she had sent the medical note to Court by mail, but no I
such medical note was received by the Court. D1 was admitted to Kwai
J J
Chung Hospital from 8 November 2023 and discharged on 4 December
K 2023. K
L L
MITIGATION
M M
D1
N N
6. The defendant aged 33, a widow, living with her boyfriend.
O She received education up to Form one, used to be a saleslady with an O
income of around HK$15,000. She is financially dependent on her
P P
boyfriend.
Q Q
7. The defendant had 5 previous convictions, 4 related to
R R
dangerous drug. She was sentenced to DATC for 3 times between 2014
S and 2017. She was last discharged from Nei Kwu Correctional Institution S
on 29 April 2019. She committed the present case while she was on court
T T
bail for WKCC 4066/2022. She has failed to surrender to custody with
U U
V V
-4-
A A
B B
warrant executed on two previous occasions (WKCC 3814/2017 & WKCC
C 4066/2022). C
D 8. The defendant admitted to Kwai Chung hospital on 8 D
November 2023, thus not able to attend court on 16 November 2023, she
E E
was discharged on 4 December 2023. She voluntarily attend court on the
F F
next mention on 23 January 2024, resulting in the execution of the warrant.
G
She has been remanded in jail custody since then. G
H 9. The defendant agrees the content of her DATC report, except H
her marriage was a valid one. She relates in her DATC report that after her
I I
release from DATC in April 2019, she mainly hooked on Cocaine and Ice.
J She consumed her last dose of Ice and Cocaine whilst she was on court bail J
in January 2024. The defendant was remanded since 23 January 2024; the
K K
medical officer is of the opinion that she is no longer a drug dependent.
L Thus, she is considered not suitable for admission to a DATC. L
M M
SENTENCE
N N
Charge 1 & 2
O O
10. Subject to section 54A of the Ordinance, the maximum
P sentence for possession of apparatus is 3 years’ imprisonment provided by P
section 36(2) of the Ordinance, and any person in possession of a
Q Q
dangerous drug, convicted upon indictment, is liable to a fine of one
R million and to imprisonment for 7 years. R
S S
11. D1 jointly with other 3 persons in possession of the
T apparatuses and the said 146 ml liquid which containing traces of cocaine. T
Taking into account of the number of apparatuses, the quantity and the
U U
V V
-5-
A A
B B
nature of the dangerous drug concerned, I considered the appropriate
C starting point of each count to be 6 months’ imprisonment, to run C
concurrently. She committed the present offence while on court bail, for
D D
this aggravating factor, I increase the starting point by 1.5 month to 7
E months. E
F Charge 4 F
G G
12. Any person who failed to surrender to custody as appointed
H
without reasonable excuse, on conviction upon indictment is liable to a fine H
of any amount and to imprisonment for 12 months.
I I
13. D1 admitted to hospital on the hearing date, though having a
J J
reasonable cause for her absence on the hearing date, failed to surrender to
K custody upon discharge in December 2023 and did not observe her K
reporting condition since then. She surrendered to court on the next
L L
hearing date. However, she has failed to surrender to custody on 2 previous
M occasions. This is not the first time she failed to surrender to custody, I do M
not accept that she did not know she needed to surrender as soon as possible
N N
upon discharge from hospital and observed her bail conditions. I consider
O the appropriate starting point for this offence to be one of 4.5 months’ O
imprisonment.
P P
Q 14. She is entitled to 1/3 discount for her plea but I do not consider Q
there to be any further mitigating factors. As stated above, Charge one and
R R
Charge two are part and partial the same transaction, the sentence of these
S two charges are to run concurrently. Whereas Charge four is a separate S
transaction and of different nature, taking into the totality principle, the
T T
sentence of Charge four is to run consecutively with the other two charges.
U U
V V
-6-
A A
B B
C ORDER C
D D
Charge 1 sentenced to 5 months’ imprisonment,
E Charge 2 sentenced to 5 months’ imprisonment, E
Charge 4 sentenced to 3 months’ imprisonment.
F F
G The sentence of charges 1 & 2 to run concurrently but consecutively with G
charge 4, i.e. 8 months in total.
H H
I I
J ( Ada Yim ) J
District Judge
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 952 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 692 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I WU Wing-hung (D1) I
----------------------------
J J
K Before: District Judge Ada Yim in Court K
Date: 21 May 2024
L L
Present: Mr. FUNG Lap Tin Leo, Public Prosecutor, for HKSAR
M Mr. LEE Jo-Ey Joseph, instructed by Cheung & Co, M
assigned by the Director of Legal Aid, for D1
N N
Offence: [1] Possession of apparatuses fit and intended for the
O smoking or inhalation of a dangerous drug（管有適合 O
於及擬用作吸服危險藥物的器具）
P P
[2] Possession of a dangerous drug（管有危險藥物）
Q Q
[4] Failing to surrender to custody without reasonable cause
R （無合理因由而沒有按照法庭的指定歸押） R
--------------------------------------
S S
REASONS FOR SENTENCE
T -------------------------------------- T
U U
V V
-2-
A A
B B
C 1. D1 was jointly charged with other three defendants one count C
of possession of apparatuses fit and intended for the inhalation of a
D D
dangerous drug, contrary to section 36(1) and (2) of the Dangerous Drugs
E Ordinance, Cap 134 (Charge 1) ; and one count of possession of a E
dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs
F F
Ordinance, Cap 134 (Charge 2). She was further charged with failing to
G surrender to custody without reasonable cause, contrary to section 9L(2) G
and (3) of the Criminal Procedure Ordinance, Cap.221 (Charge 4). She
H H
was convicted upon her own plea and admission of the facts. Her case was
I last adjourned for a DATC report. I
J J
FACTS
K K
2. On 13 December 2022 at around 1929 hours, Police entered
L L
Room 1106 of M1 Hotel. D1, D3 and other two males were inside the
M Room. Police revealed their identity and produced a search warrant. M
N N
3. Upon search the following items were found on the TV
O cabinet:- O
P P
(a) One yellow plastic bottle and one plastic cover containing a
Q total of 9.32g of a solid containing 7.04g of cocaine; Q
R (b) 3 glass bottles, 2 of which fit and intended for the inhalation R
of a dangerous drug, containing a total of 146 ml of a liquid
S containing traces of cocaine; S
T (c) 4 lighters; T
And one plastic bag containing 23 empty plastic bags next to a safe placed
U under the TV cabinet. U
V V
-3-
A A
B B
C 4. At the material times, all defendants had in their possession C
the two inhaling devices fit and intended for the smoking or inhalation of
D D
cocaine. And all defendants had in their possession of the said 146 ml
E liquid which containing traces of cocaine. E
F F
5. D1 failed to appear in the District Court for plea on 16
G November 2023, warrant of arrest was issued and executed on 23 January G
2024 when she was outside the District Court. Under caution, D1
H H
explained she was admitted to hospital at the material time for a month.
I She claimed that she had sent the medical note to Court by mail, but no I
such medical note was received by the Court. D1 was admitted to Kwai
J J
Chung Hospital from 8 November 2023 and discharged on 4 December
K 2023. K
L L
MITIGATION
M M
D1
N N
6. The defendant aged 33, a widow, living with her boyfriend.
O She received education up to Form one, used to be a saleslady with an O
income of around HK$15,000. She is financially dependent on her
P P
boyfriend.
Q Q
7. The defendant had 5 previous convictions, 4 related to
R R
dangerous drug. She was sentenced to DATC for 3 times between 2014
S and 2017. She was last discharged from Nei Kwu Correctional Institution S
on 29 April 2019. She committed the present case while she was on court
T T
bail for WKCC 4066/2022. She has failed to surrender to custody with
U U
V V
-4-
A A
B B
warrant executed on two previous occasions (WKCC 3814/2017 & WKCC
C 4066/2022). C
D 8. The defendant admitted to Kwai Chung hospital on 8 D
November 2023, thus not able to attend court on 16 November 2023, she
E E
was discharged on 4 December 2023. She voluntarily attend court on the
F F
next mention on 23 January 2024, resulting in the execution of the warrant.
G
She has been remanded in jail custody since then. G
H 9. The defendant agrees the content of her DATC report, except H
her marriage was a valid one. She relates in her DATC report that after her
I I
release from DATC in April 2019, she mainly hooked on Cocaine and Ice.
J She consumed her last dose of Ice and Cocaine whilst she was on court bail J
in January 2024. The defendant was remanded since 23 January 2024; the
K K
medical officer is of the opinion that she is no longer a drug dependent.
L Thus, she is considered not suitable for admission to a DATC. L
M M
SENTENCE
N N
Charge 1 & 2
O O
10. Subject to section 54A of the Ordinance, the maximum
P sentence for possession of apparatus is 3 years’ imprisonment provided by P
section 36(2) of the Ordinance, and any person in possession of a
Q Q
dangerous drug, convicted upon indictment, is liable to a fine of one
R million and to imprisonment for 7 years. R
S S
11. D1 jointly with other 3 persons in possession of the
T apparatuses and the said 146 ml liquid which containing traces of cocaine. T
Taking into account of the number of apparatuses, the quantity and the
U U
V V
-5-
A A
B B
nature of the dangerous drug concerned, I considered the appropriate
C starting point of each count to be 6 months’ imprisonment, to run C
concurrently. She committed the present offence while on court bail, for
D D
this aggravating factor, I increase the starting point by 1.5 month to 7
E months. E
F Charge 4 F
G G
12. Any person who failed to surrender to custody as appointed
H
without reasonable excuse, on conviction upon indictment is liable to a fine H
of any amount and to imprisonment for 12 months.
I I
13. D1 admitted to hospital on the hearing date, though having a
J J
reasonable cause for her absence on the hearing date, failed to surrender to
K custody upon discharge in December 2023 and did not observe her K
reporting condition since then. She surrendered to court on the next
L L
hearing date. However, she has failed to surrender to custody on 2 previous
M occasions. This is not the first time she failed to surrender to custody, I do M
not accept that she did not know she needed to surrender as soon as possible
N N
upon discharge from hospital and observed her bail conditions. I consider
O the appropriate starting point for this offence to be one of 4.5 months’ O
imprisonment.
P P
Q 14. She is entitled to 1/3 discount for her plea but I do not consider Q
there to be any further mitigating factors. As stated above, Charge one and
R R
Charge two are part and partial the same transaction, the sentence of these
S two charges are to run concurrently. Whereas Charge four is a separate S
transaction and of different nature, taking into the totality principle, the
T T
sentence of Charge four is to run consecutively with the other two charges.
U U
V V
-6-
A A
B B
C ORDER C
D D
Charge 1 sentenced to 5 months’ imprisonment,
E Charge 2 sentenced to 5 months’ imprisonment, E
Charge 4 sentenced to 3 months’ imprisonment.
F F
G The sentence of charges 1 & 2 to run concurrently but consecutively with G
charge 4, i.e. 8 months in total.
H H
I I
J ( Ada Yim ) J
District Judge
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V