區域法院（刑事）Deputy District Judge Edward Wong17/12/2023[2023] HKDC 1819
DCCC294/2023
A A
B B
DCCC 294/2023
C [2023] HKDC 1819 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 294 OF 2023
F F
G --------------------------------------- G
HKSAR
H H
v
I NGO KIN CHUNG I
---------------------------------------
J J
K Before: Deputy District Judge Edward Wong K
Date: 18 December 2023
L L
Present: Ms Amanda Li, counsel-on-fiat, for HKSAR
M Mr Terry Kan instructed by Yu Sun Yau Mak & Lawyers, M
assigned by the Director of Legal Aid, for the defendant
N N
Offences: [1] Trafficking in dangerous drugs（販運危險藥物）
O O
[2] Possession of an offensive weapon or instrument fit for
P
unlawful purposes（管有攻擊性武器或適合作非法用途的 P
工具）
Q Q
[3] Having custody or control of counterfeit currency notes
R （保管或控制偽製流通紙幣） R
S S
T T
U U
V V
-2-
A A
B B
-----------------------------------------
C REASONS FOR SENTENCE C
-----------------------------------------
D D
E A. Charge and facts E
F F
1. The defendant (D) pleaded guilty to three charges:
G G
Charge 1: Trafficking in dangerous drugs, contrary to section
H H
4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
I The particulars are that D, on 19 July 2022, at Room No 706, I
Flat A7, Welcome Guesthouse, 14th Floor, Block A,
J J
Chungking Mansions, No 40 Nathan Road, Tsim Sha Tsui,
K Kowloon, unlawfully trafficked in dangerous drugs, namely K
10.27 grammes of a solid containing 1.16 grammes of cocaine
L L
and 0.09 gramme of a crystalline solid containing
M methamphetamine hydrochloride. M
N N
Charge 2: Possession of an offensive weapon or instrument fit
O for unlawful purposes, contrary to section 17 of the Summary O
Offences Ordinance, Cap 228. The particulars are that, on the
P P
same day at the same location, D had in his possession an
Q offensive weapon or instrument fit for unlawful purposes, Q
namely one samurai sword, with intent to use the same for any
R R
unlawful purpose.
S S
Charge 3: Having custody or control of counterfeit currency
T T
notes, contrary to section 100(2) of the Crimes Ordinance,
U U
V V
-3-
A A
B B
Cap 200. The particulars are that D, without lawful authority
C or excuse, had in his custody or under his control, 51 pieces C
of counterfeit $500 Hong Kong currency notes all bearing the
D D
same serial number AX702275, which were, and which he
E knew or believed to be counterfeit notes. E
F F
2. D admitted the following facts. On the above date, police
G officers raided the above location (“Room 706”) with a search warrant. D G
being the occupant thereof, his girlfriend and four other persons were found
H H
therein.
I I
3. During a search of Room 706, the following items were found:
J J
K Concerning Charge 1, in the middle compartment of a cabinet K
between two beds:
L L
M (a) 1.33 g of a solid containing 1.16 g of cocaine on a piece M
of playing card (“E1”);
N N
O (b) a silver metal box (“E2”) containing one transparent O
resealable plastic bag containing 0.09 g of a crystalline
P P
solid containing methamphetamine hydrochloride (a
Q salt of methamphetamine) (“E3”), and one transparent Q
resealable plastic bag containing 8.94 g of a solid
R R
containing traces of cocaine (“E4”);
S S
(c) one electronic scale and numerous empty resealable
T T
plastic bags;
U U
V V
-4-
A A
B B
Concerning Charge 2, reclined against a wall:
C C
D (d) a sharpened single-edged samurai sword with a D
modified grip (the “Samurai Sword”) stowed inside a
E E
canvas container; and
F F
Concerning Charge 3, on one of the beds:
G G
H (e) a black pouch (the “Black Pouch”) containing 51 Bank H
of China HK$500 counterfeit banknotes bearing the
I I
same serial number (the “Banknotes”).
J J
4. D was arrested in relation to Charges 1 to 3. Under caution,
K K
he stated, inter alia, that:
L L
(a) for Charge 1, the ‘“Cokes” were for sale to earn money’;
M M
and
N N
O
(b) for Charge 2, the Samurai Sword was his; he was O
indebted and scared of being revenged, so he possessed
P P
the Samurai Sword to protect himself.
Q Q
5. In a subsequent Video-Recorded Interview (“VRI”) regarding
R R
Charge 1, D said under reminded caution, among other things, that:
S S
(a) he bought the cocaine from an unknown male in Tsim
T T
Sha Tsui for HK$2,000 and intended to sell them;
U U
V V
-5-
A A
B B
C (b) he would put 0.2 g of cocaine into each transparent C
plastic bag for selling purposes;
D D
E (c) the dangerous drug on the play card was the cocaine he E
had bought from the unknown male; and
F F
G (d) the electronic scale belonged to him and he had used it G
to weigh drugs, while the numerous empty transparent
H H
resealable plastic bags would be used for distributing
I drugs. I
J J
6. In a subsequent VRI regarding Charge 2, D said under
K reminded caution, among other things, the followings: K
L L
(a) The Samurai Sword belonged to him. He had bought it
M at a night market in Sham Shui Po for HK$300. M
N N
(b) He was indebted for around HK$200,000 and worried
O that he would be revenged. Therefore, he had kept the O
Samurai Sword for self-defence.
P P
Q (c) The Samurai Sword had already been polished when he Q
bought it.
R R
S 7. The Government Chemist confirmed the narcotic contents of S
E1, E3 and E4. Their total estimated value was around HK$12,747.54.
T T
U U
V V
-6-
A A
B B
8. Banknotes examiner CIP Tang Shun Yan, Brian of the
C Commercial Crime Bureau examined and found all 51 banknotes to be C
counterfeit. They differed from genuine banknotes in that they were
D D
printed by inkjet, displaying inferior printing quality. They were also
E devoid of security features of genuine banknotes such as windowed E
metallic threads and watermarks of a bauhinia flower.
F F
G 9. According to the DNA testing conducted by the Government G
Laboratory, D’s DNA was found on E3, the grip of the Samurai Sword, the
H H
Black Pouch, as well as five of the Banknotes.
I I
10. At all material times:
J J
K (a) D possessed the dangerous drugs seized (ie E1, E3 and K
E4) for the purpose of unlawful trafficking (Charge 1);
L L
M (b) he possessed an offensive weapon fit for unlawful M
purposes, namely the Samurai Sword, with intent to use
N N
the same for any unlawful purpose (Charge 2); and
O O
(c) he, without lawful authority or excuse, had in his
P P
custody or under his control, the 51 Banknotes which
Q were, and which he knew or believed to be, counterfeit Q
notes (Charge 3).
R R
S S
T T
U U
V V
-7-
A A
B B
B. Criminal record
C C
11. D committed nine cases before in which one involved
D D
possession of offensive weapon in a public place, contrary to s 33 of the
E Public Order Ordinance, for which he was sentenced in 2002 to 5 months’ E
imprisonment, and another one involved trafficking in dangerous drugs for
F F
which he was sentenced in 2016 to 51 months’ imprisonment.
G G
C. Mitigation
H H
I 12. The Defence submitted that D is aged 47, divorced with three I
children, two of which are grown-ups and one is 3 years old. D was a part-
J J
time construction worker earning around HK$20,000 per month.
K K
13. For Charge 1, the Defence agreed that, according to the
L L
sentencing guideline, the starting point for 1.16 g of cocaine in this case is
M about 28 months’ imprisonment. M
N N
14. The parties agreed that given the insignificant quantity of
O methamphetamine hydrochloride in this case, the court could ignore it for O
the purpose of sentencing but enhance the sentence for 2 months because
P P
of cocktail drugs.
Q Q
15. The Defence argued that the sentence should not be enhanced
R R
due to D’s previous single trafficking record which was seven years ago.
S The Prosecution disagreed. S
T T
U U
V V
-8-
A A
B B
16. For Charges 2 and 3, the Defence invited the court to adopt a
C starting point of 4.5 months’ and 15 months’ imprisonment respectively. C
D D
17. In terms of totality, the Defence submitted that 1 month of the
E sentence for Charge 2 and 5 months of that for Charge 3 may run E
consecutively to that for Charge 1. The Prosecution submitted that a greater
F F
part of the sentence for Charge 3 should run consecutively to that for
G Charge 1. G
H H
D. Sentence
I I
18. For Charge 1, I adopt a starting point of 28 months’
J J
imprisonment which is enhanced by 2 months to 30 months since
K methamphetamine hydrochloride was also involved in this case. K
L L
19. I agree with the Defence for the reasons they gave that the
M sentence should not be enhanced on the basis of D’s criminal record. M
N N
20. The sentence is reduced for D’s guilty plea by 1/3 to 20
O months’ imprisonment. O
P P
21. For Charge 2, I adopt a starting point of 4.5 months’
Q imprisonment which is reduced for D’s guilty plea by 1/3 to 3 months’ Q
imprisonment.
R R
S 22. For Charge 3, the Defence referred to HKSAR v Ho Wai Mun S
DCCC 21 & 497/2023 in which a starting point of 12 months’
T T
U U
V V
-9-
A A
B B
imprisonment was adopted where 24 counterfeit HK$500 banknotes of
C poor quality were involved. C
D D
23. I have also considered HKSAR v Nworie Bright Nnanna
E DCCC 61/2019 in which a starting point of 21 months’ imprisonment was E
adopted where 41 counterfeit HK$500 banknotes which ‘could quite easily
F F
have been passed off as genuine’ were involved.
G G
24. This case involves 51 counterfeit HK$500 banknotes of poor
H H
quality. I adopt a starting point of 18 months’ imprisonment which is
I reduced for D’s guilty plea by 1/3 to 12 months’ imprisonment. I
J J
25. Having considered totality, I am of the view that a global
K starting point of 42 months’ imprisonment and a global sentence of 28 K
months’ imprisonment for all charges to be appropriate.
L L
M 26. Accordingly, I order that 1 month of the sentence for Charge M
2 and 7 months of that for Charge 3 to run consecutively to that for Charge
N N
1. Hence, D is sentenced to 28 months’ imprisonment for this case.
O O
P P
Q Q
R R
( Edward Wong )
S Deputy District Judge S
T T
U U
V V
A A
B B
DCCC 294/2023
C [2023] HKDC 1819 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 294 OF 2023
F F
G --------------------------------------- G
HKSAR
H H
v
I NGO KIN CHUNG I
---------------------------------------
J J
K Before: Deputy District Judge Edward Wong K
Date: 18 December 2023
L L
Present: Ms Amanda Li, counsel-on-fiat, for HKSAR
M Mr Terry Kan instructed by Yu Sun Yau Mak & Lawyers, M
assigned by the Director of Legal Aid, for the defendant
N N
Offences: [1] Trafficking in dangerous drugs（販運危險藥物）
O O
[2] Possession of an offensive weapon or instrument fit for
P
unlawful purposes（管有攻擊性武器或適合作非法用途的 P
工具）
Q Q
[3] Having custody or control of counterfeit currency notes
R （保管或控制偽製流通紙幣） R
S S
T T
U U
V V
-2-
A A
B B
-----------------------------------------
C REASONS FOR SENTENCE C
-----------------------------------------
D D
E A. Charge and facts E
F F
1. The defendant (D) pleaded guilty to three charges:
G G
Charge 1: Trafficking in dangerous drugs, contrary to section
H H
4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
I The particulars are that D, on 19 July 2022, at Room No 706, I
Flat A7, Welcome Guesthouse, 14th Floor, Block A,
J J
Chungking Mansions, No 40 Nathan Road, Tsim Sha Tsui,
K Kowloon, unlawfully trafficked in dangerous drugs, namely K
10.27 grammes of a solid containing 1.16 grammes of cocaine
L L
and 0.09 gramme of a crystalline solid containing
M methamphetamine hydrochloride. M
N N
Charge 2: Possession of an offensive weapon or instrument fit
O for unlawful purposes, contrary to section 17 of the Summary O
Offences Ordinance, Cap 228. The particulars are that, on the
P P
same day at the same location, D had in his possession an
Q offensive weapon or instrument fit for unlawful purposes, Q
namely one samurai sword, with intent to use the same for any
R R
unlawful purpose.
S S
Charge 3: Having custody or control of counterfeit currency
T T
notes, contrary to section 100(2) of the Crimes Ordinance,
U U
V V
-3-
A A
B B
Cap 200. The particulars are that D, without lawful authority
C or excuse, had in his custody or under his control, 51 pieces C
of counterfeit $500 Hong Kong currency notes all bearing the
D D
same serial number AX702275, which were, and which he
E knew or believed to be counterfeit notes. E
F F
2. D admitted the following facts. On the above date, police
G officers raided the above location (“Room 706”) with a search warrant. D G
being the occupant thereof, his girlfriend and four other persons were found
H H
therein.
I I
3. During a search of Room 706, the following items were found:
J J
K Concerning Charge 1, in the middle compartment of a cabinet K
between two beds:
L L
M (a) 1.33 g of a solid containing 1.16 g of cocaine on a piece M
of playing card (“E1”);
N N
O (b) a silver metal box (“E2”) containing one transparent O
resealable plastic bag containing 0.09 g of a crystalline
P P
solid containing methamphetamine hydrochloride (a
Q salt of methamphetamine) (“E3”), and one transparent Q
resealable plastic bag containing 8.94 g of a solid
R R
containing traces of cocaine (“E4”);
S S
(c) one electronic scale and numerous empty resealable
T T
plastic bags;
U U
V V
-4-
A A
B B
Concerning Charge 2, reclined against a wall:
C C
D (d) a sharpened single-edged samurai sword with a D
modified grip (the “Samurai Sword”) stowed inside a
E E
canvas container; and
F F
Concerning Charge 3, on one of the beds:
G G
H (e) a black pouch (the “Black Pouch”) containing 51 Bank H
of China HK$500 counterfeit banknotes bearing the
I I
same serial number (the “Banknotes”).
J J
4. D was arrested in relation to Charges 1 to 3. Under caution,
K K
he stated, inter alia, that:
L L
(a) for Charge 1, the ‘“Cokes” were for sale to earn money’;
M M
and
N N
O
(b) for Charge 2, the Samurai Sword was his; he was O
indebted and scared of being revenged, so he possessed
P P
the Samurai Sword to protect himself.
Q Q
5. In a subsequent Video-Recorded Interview (“VRI”) regarding
R R
Charge 1, D said under reminded caution, among other things, that:
S S
(a) he bought the cocaine from an unknown male in Tsim
T T
Sha Tsui for HK$2,000 and intended to sell them;
U U
V V
-5-
A A
B B
C (b) he would put 0.2 g of cocaine into each transparent C
plastic bag for selling purposes;
D D
E (c) the dangerous drug on the play card was the cocaine he E
had bought from the unknown male; and
F F
G (d) the electronic scale belonged to him and he had used it G
to weigh drugs, while the numerous empty transparent
H H
resealable plastic bags would be used for distributing
I drugs. I
J J
6. In a subsequent VRI regarding Charge 2, D said under
K reminded caution, among other things, the followings: K
L L
(a) The Samurai Sword belonged to him. He had bought it
M at a night market in Sham Shui Po for HK$300. M
N N
(b) He was indebted for around HK$200,000 and worried
O that he would be revenged. Therefore, he had kept the O
Samurai Sword for self-defence.
P P
Q (c) The Samurai Sword had already been polished when he Q
bought it.
R R
S 7. The Government Chemist confirmed the narcotic contents of S
E1, E3 and E4. Their total estimated value was around HK$12,747.54.
T T
U U
V V
-6-
A A
B B
8. Banknotes examiner CIP Tang Shun Yan, Brian of the
C Commercial Crime Bureau examined and found all 51 banknotes to be C
counterfeit. They differed from genuine banknotes in that they were
D D
printed by inkjet, displaying inferior printing quality. They were also
E devoid of security features of genuine banknotes such as windowed E
metallic threads and watermarks of a bauhinia flower.
F F
G 9. According to the DNA testing conducted by the Government G
Laboratory, D’s DNA was found on E3, the grip of the Samurai Sword, the
H H
Black Pouch, as well as five of the Banknotes.
I I
10. At all material times:
J J
K (a) D possessed the dangerous drugs seized (ie E1, E3 and K
E4) for the purpose of unlawful trafficking (Charge 1);
L L
M (b) he possessed an offensive weapon fit for unlawful M
purposes, namely the Samurai Sword, with intent to use
N N
the same for any unlawful purpose (Charge 2); and
O O
(c) he, without lawful authority or excuse, had in his
P P
custody or under his control, the 51 Banknotes which
Q were, and which he knew or believed to be, counterfeit Q
notes (Charge 3).
R R
S S
T T
U U
V V
-7-
A A
B B
B. Criminal record
C C
11. D committed nine cases before in which one involved
D D
possession of offensive weapon in a public place, contrary to s 33 of the
E Public Order Ordinance, for which he was sentenced in 2002 to 5 months’ E
imprisonment, and another one involved trafficking in dangerous drugs for
F F
which he was sentenced in 2016 to 51 months’ imprisonment.
G G
C. Mitigation
H H
I 12. The Defence submitted that D is aged 47, divorced with three I
children, two of which are grown-ups and one is 3 years old. D was a part-
J J
time construction worker earning around HK$20,000 per month.
K K
13. For Charge 1, the Defence agreed that, according to the
L L
sentencing guideline, the starting point for 1.16 g of cocaine in this case is
M about 28 months’ imprisonment. M
N N
14. The parties agreed that given the insignificant quantity of
O methamphetamine hydrochloride in this case, the court could ignore it for O
the purpose of sentencing but enhance the sentence for 2 months because
P P
of cocktail drugs.
Q Q
15. The Defence argued that the sentence should not be enhanced
R R
due to D’s previous single trafficking record which was seven years ago.
S The Prosecution disagreed. S
T T
U U
V V
-8-
A A
B B
16. For Charges 2 and 3, the Defence invited the court to adopt a
C starting point of 4.5 months’ and 15 months’ imprisonment respectively. C
D D
17. In terms of totality, the Defence submitted that 1 month of the
E sentence for Charge 2 and 5 months of that for Charge 3 may run E
consecutively to that for Charge 1. The Prosecution submitted that a greater
F F
part of the sentence for Charge 3 should run consecutively to that for
G Charge 1. G
H H
D. Sentence
I I
18. For Charge 1, I adopt a starting point of 28 months’
J J
imprisonment which is enhanced by 2 months to 30 months since
K methamphetamine hydrochloride was also involved in this case. K
L L
19. I agree with the Defence for the reasons they gave that the
M sentence should not be enhanced on the basis of D’s criminal record. M
N N
20. The sentence is reduced for D’s guilty plea by 1/3 to 20
O months’ imprisonment. O
P P
21. For Charge 2, I adopt a starting point of 4.5 months’
Q imprisonment which is reduced for D’s guilty plea by 1/3 to 3 months’ Q
imprisonment.
R R
S 22. For Charge 3, the Defence referred to HKSAR v Ho Wai Mun S
DCCC 21 & 497/2023 in which a starting point of 12 months’
T T
U U
V V
-9-
A A
B B
imprisonment was adopted where 24 counterfeit HK$500 banknotes of
C poor quality were involved. C
D D
23. I have also considered HKSAR v Nworie Bright Nnanna
E DCCC 61/2019 in which a starting point of 21 months’ imprisonment was E
adopted where 41 counterfeit HK$500 banknotes which ‘could quite easily
F F
have been passed off as genuine’ were involved.
G G
24. This case involves 51 counterfeit HK$500 banknotes of poor
H H
quality. I adopt a starting point of 18 months’ imprisonment which is
I reduced for D’s guilty plea by 1/3 to 12 months’ imprisonment. I
J J
25. Having considered totality, I am of the view that a global
K starting point of 42 months’ imprisonment and a global sentence of 28 K
months’ imprisonment for all charges to be appropriate.
L L
M 26. Accordingly, I order that 1 month of the sentence for Charge M
2 and 7 months of that for Charge 3 to run consecutively to that for Charge
N N
1. Hence, D is sentenced to 28 months’ imprisonment for this case.
O O
P P
Q Q
R R
( Edward Wong )
S Deputy District Judge S
T T
U U
V V