HKSAR v. Tam Ka Yin

HCCC 213/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 213 OF 2015

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to admitted the facts and been convicted of a single charge of trafficking in dangerous drugs, that being 1,501 grammes of powder containing 702 grammes of ketamine.

Briefly, the facts are follows. Around 5.20 pm on 21 January of this year, police intercepted a vehicle driven by you on Hoi Shing Road, Tsuen Wan. A search revealed a plastic bag containing six small plastic bags of dangerous drugs at the base of the driver’s seat.

Arrested and cautioned you admitted you trafficked in ketamine because you were in debt. Also in your possession was $2,790 and two mobile phones. Later analysis of the dangerous drugs showed it to be 1,501 grammes of powder containing 702 grammes of ketamine.

In a subsequent video-recorded interview under caution you said the following:

(1) You delivered the ketamine for others as you owed about $90,000.

(2) About a month prior, a male at a bar offered you a job to earn money.

(3) About two weeks prior the male called you to ask you to deliver something which you subsequently learned to be ketamine.

(4) At about noon on the day of your arrested, an unknown male instructed you to pick up ketamine from a bush behind San Tin Post Office. You did so and placed it under the driver’s seat of the vehicle. You were instructed to deliver it to Tsuen Wan, but you were intercepted by police at Hoi Shing Road.

(5) A mobile phone was used to contact the drug dealers.

(6) The vehicle was borrowed from a friend who had no knowledge of the dangerous drugs.

(7) You were to received $300 after successfully completing the assignment.

(8) You said the $2,790 was pocket money given to you by your family because you were unemployed.

The estimated value of the drugs at street level is $189,126.

You are of clear record. You largely accept your antecedent statement, except to your employment. I am told that you are 21 years of age educated to Form 3. The antecedent statement is correct to the extent except that you were employed by a construction company at the time of your arrest. You have no health problems and you are not addicted to drugs. You reside at home with your father, mother and elder sister.

On your behalf Mr Ho entered further mitigation. He said at the time of the offence you were only 20 years of age and pointed out that your education level is not particularly high being only Form 3. You live with your parents and your sister. You have a stable girlfriend of two years who is present in court today to support you, as indeed are your parents - and I have considered the letter from your mother and what your father said to me in court today.

I am told at the time of the offence you had not received your wages for two months from your construction company and you had difficulties over a debt to a bank. But when your wages were being properly paid you earned about $10,000 a month giving three to four thousand to your parents for expenses and to assist with your sister’s University fees.

I am told that the reason you committed this offence is you were tempted by easy money having received no wages for two months. You frankly admitted the offence both upon arrest and in a video-recorded interview. I have taken into account the two letters submitted on your behalf from your mother, yourself and also what your father has said to me in court today.

I have to say this is a very serious offence. Drugs are a blight upon Hong Kong society. Whilst I accept you are not the mastermind, you are an essential cog in the wheel of delivery of drugs. It is to your credit that you were frank with the police upon arrested and in the video‑recorded interview and indicated an early plea of guilty.

I accept that you are remorseful. I note this is your first offence.

In order to reflect the matters that I have mentioned, I will take the lowest starting point I can. I therefore take a starting point of 12 years’ imprisonment reduced to 8 for your plea of guilty.