A A
B B
DCCC 1065/2015
C IN THE DISTRICT COURT OF THE C
HONG KONG SPECIAL ADMINISTRATIVE REGION
D CRIMINAL CASE NO. 1065 OF 2015 D
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E HKSAR E
v
F F
WANG JINLIANG
G ____________ G
H Before: HH Judge Dufton H
Date: 3 May 2016
I Present: Miss Lily Yip, PP, of the Department of Justice, for HKSAR I
Mr Mohammed J Shah, instructed by Wong, Fung & Co,
J for the defendant J
Offences: (1) Trafficking in a dangerous drug (販運危險藥物)
K (2) Possession of apparatus fit and intended for the K
inhalation of a dangerous drug
L (管有適合於及擬用作吸服危險藥物的器具) L
(3) Possession of dutiable goods (管有應課稅貨品)
M (4) Failing to declare to a member of the Customs and M
Excise Service (沒有向香港海關人員申報)
N N
REASONS FOR SENTENCE
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1. Wang Jinliang you have pleaded guilty to one charge of
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trafficking in 5.53 grammes of a crystalline solid containing 5.51
Q grammes of methamphetamine hydrochloride (‘ice’), contrary to section Q
4 of the Dangerous Drugs Ordinance 1 ; one charge of possession of
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apparatus fit and intended for the inhalation of ice, contrary to section 36
S of the Dangerous Drugs Ordinance; one charge of possession of dutiable S
goods, namely 76 cigarettes, contrary to sections 17(6) and 46(3) of the
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Cap 134.
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Dutiable Commodities Ordinance 2 and one charge of failing to declare
C the cigarettes to a member of the Customs and Excise Service, contrary to C
sections 34A and 46(3) of the Dutiable Commodities Ordinance.
D D
2. In summary on 27 October last year you were escorted for
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investigation and search when entering Hong Kong at the Immigration
F Arrival Hall of the Shenzhen Bay Control Point. F
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3. When asked by CO 98170 if you had anything to declare you
H replied that you had nothing. CO 98170 then conducted a search and H
found the ice in the right front pocket of your trousers and the cigarettes
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and an inhaling device for the ice in your hand-carry bag. Under caution
J you said the ice was for your own consumption and that you did not know J
you had to declare the cigarettes.
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L
4. In passing sentence I have carefully considered everything L
said on your behalf by Mr Shah, including having served a lengthy prison
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sentence in the 1980’s you became a successful businessman importing
N garments from China to South Africa. Mr Shah has submitted various N
documents showing that you became a resident of South Africa. In 2007
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you retired and returned to live in Guangzhou.
P P
Trafficking in ice and possession of apparatus fit and intended for the
Q inhalation of ice Q
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5. In HKSAR v Tam Yi Chun 3 the Court of Appeal recast the
S sentencing guidelines for trafficking in ice. The starting point after trial S
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Cap 109.
3
[2014] 3 HKLRD 691.
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is between 3 and 7 years imprisonment where the quantity of narcotic is
C up to 10 grammes. C
D Own use D
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6. I am told that you became depressed after your partner and
F daughter left you. Under the influence of dubious peers you began to F
take ice and now take ice daily.
G G
7. On the day of your arrest you were coming to Hong Kong to
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visit your friend Mr Cheng Shu Tak. This is confirmed by Mr Cheng
I who has written a letter detailing your friendship with him for over 30 I
years. You brought the ice with you to consume in Hong Kong.
J J
K 8. You were found in possession of an inhaling device which is K
supportive that the ice was for your own consumption. You also told the
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police the ice was for your own consumption. The prosecution do not
M seek to argue otherwise. In these circumstances I proceed on the basis all M
the ice was for your own use.
N N
O 9. In HKSAR v Chow Kam lung4, a case concerning importation O
of drugs into Hong Kong, the Court of Appeal held that where the drugs
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were all for one’s own consumption this constituted a strong mitigating
Q factor which should be taken into account. Q
R 10. I am satisfied the proper starting point after trial for 5.51 R
grammes of ice is 5 years imprisonment. Giving you full credit for your
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plea of guilty the sentence on charge 1 is reduced to 3 years and 4 months
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4
[2010] 4 HKLRD 253. Also see Secretary for Justice v Chan Chun Fai [2011] 3 HKLRD 116;
HKSAR v Ngai Ho Ting CACC 417/2011; and HKSAR v Chan Catherine CACC 191/2012.
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imprisonment. Taking into account all the ice was for your own use I
C further reduce the sentence by 10 months. You are convicted and C
sentenced to 2 years and 6 months imprisonment.
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11. I am satisfied the proper starting point after trial for
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possession of apparatus fit and intended for inhalation of ice is 3 months
F imprisonment. Giving you full credit for your plea of guilty you are F
convicted and sentenced to 2 months imprisonment, which I order to be
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served concurrently with the sentence on charge 1.
H H
Possession of dutiable cigarettes and failing to declare the dutiable
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cigarettes
J J
12. The amount of cigarettes is small. I am told the duty payable
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was $145. Mr Shah says that you are in a position to pay a fine and ask
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for two weeks to pay. You are convicted and fined $1000 on each charge. L
5
You are given 14 days to pay with 14 days imprisonment in default of
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payment concurrent on each charge but consecutive to the sentence
N imposed on charges 1 & 2. N
O O
(D. J. DUFTON)
P P
District Judge
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Pursuant to section 113A(3) of the Criminal Procedure Ordinance, Cap 221.
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