HKSAR v. Tang Shun Pong

DCCC 588/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 588 OF 2015

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Reasons for Sentence

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1.Defendant pleaded guilty to a charge of trafficking in a dangerous drug.

2.The facts were that at about 5.20 pm on 19 May 2015, near Shop No. 323, Tsz Wan Shan Shopping Centre, defendant was observed to have turned around upon seeing police.  Police proceeded to intercept the defendant and found upon search 7 transparent resealable plastic bags containing 7 plastic bags with a total of 93.9 grammes of powder containing 66.7 grammes of ketamine. 

3.Under caution, defendant said it was for his own consumption.  Defendant also had about 2,000 cash and 2 mobile phones with him.

4.The street value of the drug was estimated to be around $8,000.

5.In video-recorded interview, defendant said he was at the Tsz Wan Shan central bus terminus when arrested and he worked as a delivery worker and resided at Fanling.

6.Defendant now admits possession of these drugs for the purpose of unlawful trafficking.

7.Defendant is aged 21, clear record.  Mr Boyton submits that he worked as a delivery worker, earning about 7,000 per month.  He learnt a deep lesson now and pleaded guilty to show his remorse.  Mr Boyton also submits that part of the drugs were for his own consumption, roughly about half of it as estimated.  Defendant is of young age with family support and hope the court may pass a lenient sentence.

8.Trafficking in a dangerous drug is a very serious offence.  The Court of Appeal in Secretary for Justice v Hii Siew Cheng CAAR 7/2006 has laid down the guideline where for trafficking in ketamine between 50 to 300 grammes, 6 to 9 years’ imprisonment shall be imposed.

9.In the present case, it involved 66.7 grammes of ketamine.  The court may impose more than 6 years’ imprisonment.  And that in Secretary for Justice v Chau Tsz Tim CAAR 4/2014, it also stated that imprisonment term is still appropriate for such serious offence even for young offender.  Now, given that defendant is only 21 and pleaded guilty to save court’s time and resources, I see fit to impose a starting point of 6 years’ imprisonment.  

10.Further, in HKSAR v Chow Chun Sang CACC 135/2011, the court also stated that further deduction may be made if part of the drugs were used for own consumption, depending on the total quantity, the proportion of it for his own consumption, the nature of the drugs, the background and underlying reason for committing the offence.

11.Given all the background of this case, I think it is appropriate to adjust the starting point to 5 years’ imprisonment, and that on defendant’s guilty plea, it shall be further reduced to 40 months’ imprisonment.

12.Therefore, for the present offence, defendant is sentenced to 40 months’ imprisonment.