HKSAR v. Ling Kwun Shing

HCCC 385/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 385 OF 2015

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

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COURT: The defendant, Ling Kwun-shing, a 26-year-old man, pleaded guilty before a magistrate to the single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The particulars of offence were that on 16 April 2015 at Lung Mun Road, Tuen Mun, New Territories in Hong Kong, the defendant unlawfully trafficked in a dangerous drug, namely 371 grammes of a powder containing 231.8 grammes of ketamine. He also admitted the summary of facts prepared by the prosecution.

The summary reads as follows.

On 16 April, police officers carried out an operation in the vicinity of Lung Mun Road, Tuen Mun. At 2317 hours on the same day, a black 7-seater vehicle was observed parking on Lung Mun Road with the driver being the 26-year-old accused.

After a couple of minutes, the accused alighted from the vehicle and was detained. A key to the vehicle was found in his possession. A search of the vehicle then took place during which the following were found:

(1) From the coin storage box under the steering wheel, a plastic bag containing suspected dangerous drugs.

(2) From a compartment between the front seats, a plastic bag containing suspected dangerous drugs.

The accused was arrested and cautioned, after which he stated:

“Ah Sir, I bought all the dangerous drugs in Yuen Long and came to Tuen Mun for handover after buying them. I was intercepted by you before selling them. Please give me a chance.”

When examined, the suspected dangerous drugs were found to be a total of 371 grammes of a powder containing 231.8 grammes of ketamine.

The seized dangerous drugs had an estimated retail value at the time of their seizure of $44,520.

In a subsequent video-recorded interview, the accused stated inter alia:

(1) The ketamine had been bought for around $10,000 after he had received a call from a friend saying he too wished to consume and it was cheaper to buy it in one go.

(2) He had yet to hand over one of the packets of ketamine to this person whose name was “Mango” and whose contact details he did not have.

The accused now admits and accepts that he was trafficking in all of the dangerous drugs seized.

According to the sentencing guidelines for ketamine, in Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323, for trafficking in 50 to 300 grammes of ketamine, the sentence should be in the range of 6 to 9 years’ imprisonment. Drug trafficking is a very serious offence, and sentencing is almost wholly dependent on established guidelines and authorities. Save in rare circumstances, personal situation matters little and very little discretion is left to the sentencer.

The defendant explains in his letter to the court, which is in the same tone and as his counsel’s address, that he succumbed to economic pressure to commit the present offence and he is truly remorseful for what he has done. However, he has a number of criminal records, two of them were for possession of dangerous drugs and one for trafficking in dangerous drugs. These previous convictions make one doubt the truthfulness of his remorse now expressed.

But another balancing fact is that he took a very early opportunity to plead guilty before a magistrate which seems to support his claim of remorse.

I have decided not to take his previous convictions as an aggravating factor against him.

Taking all these circumstances into account, the starting point I adopt is 8 years’ imprisonment and that is as lenient as I can get. The defendant is entitled to a one‑third discount for his guilty plea which reduces his sentence to 5 years and 4 months.

I accordingly sentence you to a term of imprisonment for 5 years and 4 months.