A A
B B
DCCC 1018/2017
C [2018] HKDC 292 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1018 OF 2017
F F
G ------------------------------ G
HKSAR
H H
v
I YIU HO HIN I
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J J
K Before: HH Judge Sham K
Date: 19 March 2018
L L
Present: Mr Arthur Wong, Counsel on fiat, for HKSAR
M Miss Ada Chan of Messrs. S.H. Chan & Co. assigned by the M
Director of Legal Aid, for the defendant
N N
Offence: [1] Trafficking in a dangerous drug（販運危險藥物）
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[2] Possession of goods to which Dutiable Commodities
P
Ordinance applied（管有《應課稅品條例》適用的貨 P
品）
Q Q
[3] Failing to declare to a member of the Customs and
R Excise Service（沒有向香港海關人員申報） R
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S S
REASONS FOR SENTENCE
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U U
V V
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A A
B B
1. The defendant, a 26-year-old man who was stopped by
C customs officers at the Lo Wu border checkpoint, was trying to bring into C
Hong Kong drugs as well as dutiable commodities.
D D
E 2. He pleaded guilty before me to 3 counts of offence:- E
F (1) - one count of trafficking in dangerous drugs – the drugs F
in question are 145 grammes of a powder containing 54
G G
grammes of Ketamine (Charge 1);
H (2) - one count of possession of dutiable commodities – 17 H
cigarettes (Charge 2);
I I
(3) - one count of failing to declare to a customs officer
J (Charge 3) J
K K
3. The defendant left for Shenzhen through Lo Wu checkpoint
L at around 10:45p.m. on 26 July 2017 and came back to Hong Kong by the L
same route about an hour later.
M M
N 4. The defendant took the “Nothing to declare” Green Channel N
but was stopped by customs officers for a check. The officers found a bag
O O
of drugs, the subject matter of Charge 1, hidden in his underwear and asked
P him about it, the defendant said that he brought the drugs into Hong Kong P
for someone for $1,000.
Q Q
5. Upon further search, the officers found some 36 cigarettes in
R R
the defendant’s waist bag, which is more than that which an adult is
S allowed to bring in here free of tax, i.e. 19 cigarettes, and consequently, S
the defendant had failed to declare to a customs officer the extra.
T T
U U
V V
-3-
A A
B B
6. Also found on him were cash approximately 5,000 HKD, an
C odd hundred or two Renminbi, plus two mobile phones with 4 sim cards. C
D 7. The street value of the seized drugs is estimated to be about D
$44,660.
E E
8. The defendant has 5 previous convictions, two of which are
F F
drugs-related including one for trafficking back in 2011 for which he was
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given a prison term of 4 years and 8 months. His last conviction is in 2015
H
for possession of drugs for which he was sent to DATC. H
I 9. Counsel for the defendant said that the defendant was brought I
up by his grandparents who are also in court today to show concern and
J J
support for him. The defendant committed the offence as he needed money
K to marry his girlfriend. In his letter to the court, the defendant expressed K
his remorse for what he had done, said he had joined some Catholic
L L
religious group while in remand and promised to turn over a new leaf.
M M
10. Counsel accepted that there was an international element
N N
involved in the instant case for the defendant was trying to smuggle drugs
O
across the border, but asked the court, relying on the case Chung Ping Kun O
CACC 85/2014 – a case is concerned with trafficking in 230 grammes of
P P
ice, not to enhance too much on the ground that the drugs in the present
Q case are less potent and of lesser amount than that which in Chung’s case. Q
In Chung’s case, the enhancement of one year was reduced to 6 months on
R R
appeal.
S S
11. According to the sentencing guidelines, for trafficking
T between 50 gs and 300 gs, a term of 6 to 9 years is to be considered. T
U U
V V
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A A
B B
12. Given the amount (i.e. 54 grammes Ketamine) the defendant
C admitted trafficking, I take 6 years as starting point. As for the C
international element, I add 3 months further. As far as his mitigation is
D D
concerned, apart from his guilty plea, there isn’t any other substantial
E mitigation. E
F 13. His plea is timely so he is entitled to a full one-third discount. F
Deducting the appropriate discount, the starting point of 75 months is
G G
reduced to 50 months. There being no reason for any further reduction in
H sentence, the defendant is sentenced to 50 months’ imprisonment for the H
offence of trafficking.
I I
J 14. As for the two customs offences, charge 2 carries a maximum J
of fine up to 1 million and 2 years’ imprisonment while charge 3 carries
K K
fine up to $2,000 only with no imprisonment as a sanction. The defendant
L is fined $500 each; the total fine is one of $1,000, and has two weeks to L
pay.
M M
N N
( Sham )
O District Judge O
P P
Q Q
R R
S S
T T
U U
V V