A A
B B
DCCC 565/2017
[2018] HKDC 468
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 565 OF 2017
E
____________ E
HKSAR
F v F
CHAU TING FUNG
G G
____________
H H
Before: HH Judge Dufton
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Date: 30 April 2018 I
Present: Mr Stephen Fong, counsel on fiat, for HKSAR
Mr Freddy Woon instructed by Eli K.K. Tsui & Co,
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for the defendant
Offences: (1) Trafficking in a dangerous drug
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(販運危險藥物)
(2) Assaulting a police officer in the execution of his duty
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(襲擊執行職責的警務人員)
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REASONS FOR SENTENCE
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1. Chau Ting Fung you have pleaded guilty to one charge of
O trafficking in 22.8 grammes of a solid containing 20.3 grammes of O
cocaine, contrary to section 4 of the Dangerous Drugs Ordinance1; and
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one charge of assaulting a police officer in the execution of his duty,
Q contrary to section 63 of the Police Force Ordinance2. Q
R R
2. Full particulars of the offences are set out in the facts
S admitted by you today. S
T 1 T
Cap 134.
2
Cap 232.
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V V
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3. In summary at about 2230 hours on 25 April last year the
C police intercepted you outside Block 1 of Hang Chui House in Cheung C
Hang Estate, Tsing Yi. When PC 9288 showed his police warrant card
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and requested to conduct a body search you suddenly pushed PC 9288
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causing PC 9288 to fall on the ground. Other police officers subdued you E
when you tried to escape.
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4. A body search was then conducted. The police found in
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your trouser pocket a cigarette box inside which was a plastic bag
H containing the cocaine. H
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5. Under caution and in a video recorded interview you
J admitted, inter alia, trafficking the cocaine for a reward of $3,000. J
K Mitigation K
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6. In passing sentence, I have carefully considered everything
M said on your behalf by Mr Woon, including that you have a young M
daughter aged twenty-eight months to take care of, your wife having left
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you and your daughter, who is now cared for by your family. I take into
O account that you have no previous convictions. O
P P
7. I have read the mitigation letters written by your family
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members; former employer; pastor Lam and Kwong Fung Sim, a Q
volunteer of the religious study group in the prison. All speak very
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highly of you as a good son and son-in-law and believe that you can
S become a good citizen for the rest of your life. Many are here today to S
lend their support to you.
T T
U U
V V
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A A
B B
8. Also submitted to court is a letter from the Hong Kong Tse
C Clansmen’s Association Limited together with copies of three receipts for C
donations made to an elderly home on the Mainland. The letter also
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refers to your participation in community activities. Mr Woon informs
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the court that on over thirty occasions you have delivered lunch boxes to E
old age homes.
F F
Trafficking in a dangerous drug
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H 9. Mr Woon informs the court that you were intercepted on the H
way home having agreed to store the drugs in your home for a reward of
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$3,000. Mr Woon says this was the first time you agreed to store drugs
J and that you acted solely out of greed. J
K 10. The courts have equated for sentencing purposes cocaine K
with heroin 3 . In R v Lau Tak Ming the Court of Appeal laid down
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guidelines for trafficking in heroin. Where the quantity of narcotic is
M between 10 and 50 grammes sentence falls within the range of 5-8 years’ M
imprisonment4.
N N
O 11. On a purely mathematical approach a starting point of about O
5 years and 9 months’ imprisonment would be appropriate for trafficking
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in 20.3 grammes of cocaine. Taking into account your clear record and
Q that you did some voluntary work and made small charitable donations, I Q
am satisfied a starting point of 5 years and 6 months’ imprisonment is
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appropriate.
S S
T 3 T
See Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69.
4
[1990] 2 HKLR 370.
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V V
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A A
B B
12. Having indicated on plea day you would plead guilty to this
C charge you are given full credit for your plea. You are convicted and C
sentenced to 3 years and 8 months’ imprisonment.
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Assaulting a police officer
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F
13. Assaulting a police officer is a serious offence which attracts F
a sentence of immediate imprisonment. Taking into account the only
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injury sustained by PC 9288 was an abrasion on his right hand and that he
H did not need to take sick leave, I am satisfied a starting point of 1½ H
months’ imprisonment is appropriate. Giving you full credit for your plea
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of guilty you are convicted and sentenced to imprisonment for 1 month.
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Totality
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14. The assault is separate and distinct from the trafficking
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charge. I am satisfied a wholly consecutive sentence is appropriate. This
M makes a total sentence to be served by you of 3 years and 9 months’ M
imprisonment, which I am satisfied properly reflects your criminality on
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the two charges.
O O
P P
Q Q
R
(D. J. DUFTON) R
District Judge
S S
T T
U U
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