A A
B B
DCCC 437/2019
C [2019] HKDC 1444 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 437 OF 2019
F F
G ----------------------------- G
HKSAR
H H
v
I PANG KA HING I
J ----------------------------- J
K K
Before: HH Judge Sham
L Date: 25 October 2019 L
Present: Mr Victor Lee, Counsel on fiat, for HKSAR
M M
Mr Paul Leung instructed by Messrs. K.Y.Woo & Co.
N N
assigned by the Director of Legal Aid for the defendant.
O
Offence: [1] Trafficking in a dangerous drug [販運危險藥物] O
[2] Possession of equipment fit and intended for the inhalation
P P
of a dangerous drug [管有適合於及擬用作吸服危險藥物的
Q 器具] Q
[3] Possession of prohibited weapons [管有違禁武器]
R R
S S
--------------------------------------
T REASONS FOR SENTENCE T
--------------------------------------
U U
V V
- 2 -
A A
B B
C 1. The defendant, 34, pleaded guilty before me to 3 counts of C
offence, namely,
D D
Charge 1 : Drug trafficking (2.23g of a solid containing
E 1.83g of cocaine); E
Charge 2 : Possession of drug inhaling device (one plastic
F F
bottle with a plastic straw and a metal tube with
G metal gauze inside); G
Charge 3 : Possession of prohibited weapons1 (two sets of
H H
Chinese-style fighting irons and a spring-loaded
I knife). I
J J
2. In the evening on 22 February 2019, the defendant came out
K of his flat in King Lam Estate, Tseung Kwan O to go to the rear staircase K
where he was going to sell drugs to another person, but before he could do
L L
that he was stopped by the police. Police officers found from his jacket
M pocket a plastic bag containing 11 plastic bags of cocaine. M
N N
3. Government chemist later confirmed that the drugs in
O question are 2.23g of a solid containing 1.83g of cocaine with an estimated O
street value of about $2,500.
P P
Q Q
4. Also found on him a small amount of cash and a mobile phone.
R
He was arrested for drug trafficking and under caution, he told the officers R
that the drugs were for his own consumption.
S S
T T
1
Contrary to section 4 of the Weapons Ordinance Cap.217
U U
V V
- 3 -
A A
B B
5. The defendant was then taken back to his residence for a
C search. On the computer desk in his bedroom, officers found an inhaling C
device as particularized in charge 2 with some liquid in it and 2 electronic
D D
scales plus a large number of resealable plastic bags.
E E
6. The liquid was subsequently examined and found to contain
F F
traces of cocaine.
G G
7. Police officers also found in his bedroom the prohibited
H H
weapons as particularized in charge 3 from an ornament cupboard. He said
I to the officers, “I bought the weapons online because they were pretty, I I
bought them for my own collection.”
J J
K K
8. The defendant has 12 previous convictions: his first
L
conviction is attempt to obtain property by deception in 2002 for which he L
was put on probation, but his subsequent criminal behavior (mainly violent
M M
in nature) landed him in the training center, and his last conviction is
N
attempt to export prohibited articles in 2016 for which he was sent to prison N
for 10 weeks. It is worth mentioning that he has no prior convictions
O O
relating to any types of drugs.
P P
9. The defendant, single, only received education up to junior
Q Q
secondary school. He used to work as a cashier in a recycling company
R but at the time of the offence, he had been out of job for 2 years. There is R
a story behind it.
S S
T 10. The court heard that the defendant, who had been a drug T
addict for over 15 years, had participated in self-harming behavior due to
U U
V V
- 4 -
A A
B B
substance abuse – he had twice chopped off his left palm in 2011 and 2012.
C First time the surgery was a success, but not the second one; he has lost his C
left palm permanently ever since.
D D
E 11. Counsel for the defendant said in his written submission that E
the defendant was diagnosed with lung cancer in 2017 but he did not
F F
receive any medical treatment and his latest health condition remained a
G mystery. I asked counsel about the defendant’s current health condition, G
counsel said the doctor only told the defendant that it was a suspected case
H H
of lung cancer, and as his health did not seem to deteriorate, the defendant
I did not seek any medical treatment. I
J J
12. As a long-time drug user, the defendant was constantly in
K need of money to finance his drug habit, and as a result he turned to sell K
drugs to make quick money, counsel said, the defendant bought the drugs
L L
in this case for $2,000 and intended to resell it for $2,500.
M M
N
13. Defence counsel made it clear that the defendant is not relying N
on part-consumption to seek further reduction in sentence.
O O
P 14. As far as the weapons are concerned, same as he had told the P
officers that they were bought for keepsake, he had no intention whatsoever
Q Q
to use it to hurt anyone.
R R
15. For the offence of drug trafficking, I take 30 months as the
S S
starting point, and for possessing inhaling device, 9 months.
T T
U U
V V
- 5 -
A A
B B
16. Regarding the weapons offence, although the defendant said
C he had the weapons for collection only, there is always the risk of some of C
these weapons finding its way into the wrong hand, then someone might
D D
be hurt.
E E
17. The weapons offence carries a maximum fine up to $10,000
F F
and a prison term up to 3 years. Given the facts of the present case, I take
G 12 months as the starting point. G
H H
18. Insofar as the mitigation is concerned, apart from his guilty
I pleas there is not anything of substance. The defendant’s pleas, however, I
are timely, so he is entitled to a full one third discount. Giving the
J J
appropriate discount, the starting point is reduced to 20 months, 6 months
K and 8 months for charges 1, 2 and 3 respectively. K
L L
19. Taking into account the totality principle, I order that charge
M M
1 should run concurrently with charge 2 but consecutively to 4 months of
N
charge 3, the total term is one of 24 months’ imprisonment. N
O O
P P
Q Q
R ( Sham ) R
District Judge
S S
T T
U U
V V
A A
B B
DCCC 437/2019
C [2019] HKDC 1444 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 437 OF 2019
F F
G ----------------------------- G
HKSAR
H H
v
I PANG KA HING I
J ----------------------------- J
K K
Before: HH Judge Sham
L Date: 25 October 2019 L
Present: Mr Victor Lee, Counsel on fiat, for HKSAR
M M
Mr Paul Leung instructed by Messrs. K.Y.Woo & Co.
N N
assigned by the Director of Legal Aid for the defendant.
O
Offence: [1] Trafficking in a dangerous drug [販運危險藥物] O
[2] Possession of equipment fit and intended for the inhalation
P P
of a dangerous drug [管有適合於及擬用作吸服危險藥物的
Q 器具] Q
[3] Possession of prohibited weapons [管有違禁武器]
R R
S S
--------------------------------------
T REASONS FOR SENTENCE T
--------------------------------------
U U
V V
- 2 -
A A
B B
C 1. The defendant, 34, pleaded guilty before me to 3 counts of C
offence, namely,
D D
Charge 1 : Drug trafficking (2.23g of a solid containing
E 1.83g of cocaine); E
Charge 2 : Possession of drug inhaling device (one plastic
F F
bottle with a plastic straw and a metal tube with
G metal gauze inside); G
Charge 3 : Possession of prohibited weapons1 (two sets of
H H
Chinese-style fighting irons and a spring-loaded
I knife). I
J J
2. In the evening on 22 February 2019, the defendant came out
K of his flat in King Lam Estate, Tseung Kwan O to go to the rear staircase K
where he was going to sell drugs to another person, but before he could do
L L
that he was stopped by the police. Police officers found from his jacket
M pocket a plastic bag containing 11 plastic bags of cocaine. M
N N
3. Government chemist later confirmed that the drugs in
O question are 2.23g of a solid containing 1.83g of cocaine with an estimated O
street value of about $2,500.
P P
Q Q
4. Also found on him a small amount of cash and a mobile phone.
R
He was arrested for drug trafficking and under caution, he told the officers R
that the drugs were for his own consumption.
S S
T T
1
Contrary to section 4 of the Weapons Ordinance Cap.217
U U
V V
- 3 -
A A
B B
5. The defendant was then taken back to his residence for a
C search. On the computer desk in his bedroom, officers found an inhaling C
device as particularized in charge 2 with some liquid in it and 2 electronic
D D
scales plus a large number of resealable plastic bags.
E E
6. The liquid was subsequently examined and found to contain
F F
traces of cocaine.
G G
7. Police officers also found in his bedroom the prohibited
H H
weapons as particularized in charge 3 from an ornament cupboard. He said
I to the officers, “I bought the weapons online because they were pretty, I I
bought them for my own collection.”
J J
K K
8. The defendant has 12 previous convictions: his first
L
conviction is attempt to obtain property by deception in 2002 for which he L
was put on probation, but his subsequent criminal behavior (mainly violent
M M
in nature) landed him in the training center, and his last conviction is
N
attempt to export prohibited articles in 2016 for which he was sent to prison N
for 10 weeks. It is worth mentioning that he has no prior convictions
O O
relating to any types of drugs.
P P
9. The defendant, single, only received education up to junior
Q Q
secondary school. He used to work as a cashier in a recycling company
R but at the time of the offence, he had been out of job for 2 years. There is R
a story behind it.
S S
T 10. The court heard that the defendant, who had been a drug T
addict for over 15 years, had participated in self-harming behavior due to
U U
V V
- 4 -
A A
B B
substance abuse – he had twice chopped off his left palm in 2011 and 2012.
C First time the surgery was a success, but not the second one; he has lost his C
left palm permanently ever since.
D D
E 11. Counsel for the defendant said in his written submission that E
the defendant was diagnosed with lung cancer in 2017 but he did not
F F
receive any medical treatment and his latest health condition remained a
G mystery. I asked counsel about the defendant’s current health condition, G
counsel said the doctor only told the defendant that it was a suspected case
H H
of lung cancer, and as his health did not seem to deteriorate, the defendant
I did not seek any medical treatment. I
J J
12. As a long-time drug user, the defendant was constantly in
K need of money to finance his drug habit, and as a result he turned to sell K
drugs to make quick money, counsel said, the defendant bought the drugs
L L
in this case for $2,000 and intended to resell it for $2,500.
M M
N
13. Defence counsel made it clear that the defendant is not relying N
on part-consumption to seek further reduction in sentence.
O O
P 14. As far as the weapons are concerned, same as he had told the P
officers that they were bought for keepsake, he had no intention whatsoever
Q Q
to use it to hurt anyone.
R R
15. For the offence of drug trafficking, I take 30 months as the
S S
starting point, and for possessing inhaling device, 9 months.
T T
U U
V V
- 5 -
A A
B B
16. Regarding the weapons offence, although the defendant said
C he had the weapons for collection only, there is always the risk of some of C
these weapons finding its way into the wrong hand, then someone might
D D
be hurt.
E E
17. The weapons offence carries a maximum fine up to $10,000
F F
and a prison term up to 3 years. Given the facts of the present case, I take
G 12 months as the starting point. G
H H
18. Insofar as the mitigation is concerned, apart from his guilty
I pleas there is not anything of substance. The defendant’s pleas, however, I
are timely, so he is entitled to a full one third discount. Giving the
J J
appropriate discount, the starting point is reduced to 20 months, 6 months
K and 8 months for charges 1, 2 and 3 respectively. K
L L
19. Taking into account the totality principle, I order that charge
M M
1 should run concurrently with charge 2 but consecutively to 4 months of
N
charge 3, the total term is one of 24 months’ imprisonment. N
O O
P P
Q Q
R ( Sham ) R
District Judge
S S
T T
U U
V V