HKSAR v. Ho Ka Lok

HCCC 378/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 378 OF 2015

-----------------

---------------------------------

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

---------------------------------

COURT: The defendant pleaded guilty before me to one count of trafficking in a dangerous drug. In sentencing, I have considered the whole circumstances of the case including its nature and facts, in particular, the type and quantity of the dangerous drug involved, background of the defendant and mitigation put forward on his behalf.

The facts of the case are simple. On 10 April 2015, a police officer saw the defendant riding a bicycle on Chung Ying Street, Sha Tau Kok, from the mainland side to the Hong Kong side. When the officer demanded the defendant to stop, he did not do so but was eventually stopped by the officer who gave chase. Upon search, four transparent resealable plastic bags containing ketamine were found inside a sling bag the defendant was carrying on his shoulder. The defendant was arrested.

Under caution, he said he bought the drugs in the mainland for his own consumption. Later in a video-recorded interview, he said he had gone to the mainland and looked for a man to help him to deliver the drug to Fanling for a promised reward of $4,000.

I was told that the defendant is 25 years of age. He had studied up to Form 3. He had worked in a kitchen and as a transportation worker. He had, since 2008, been convicted three times for possession of dangerous drugs for which he was fined, put on probation and sentenced to DATC respectively. His last previous conviction was in May 2012.

Learned defence counsel, Mr Chan, urged me to take into account the defendant pleaded guilty and he is now remorseful. He told the court that the defendant was drug dependant and was lured by the people who had been supplying drugs for him into committing the offence. The defendant succumbed to the temptation of earning quick money. This was the first time he committed an offence of this nature. A letter of the defendant was produced in which, he expressed his remorse.

The narcotic content of the ketamine the defendant trafficked in was 561.20 grammes. The Court of Appeal suggested in the case of SJ v Hii Siew Cheng [2009] 1 HKLRD 1, that a sentence of 9 to 12 years’ imprisonment should be considered for trafficking in ketamine if the narcotic content is 300 to 600 grammes.

In all the circumstances, I do not find there are good grounds to depart from the tariff. I have to take into account the fact the defendant brought the dangerous drug into Hong Kong. For this reason, the starting point should be enhanced by 9 months.

In all the circumstances, I am of the view that an ultimate starting point of 12 years is appropriate for the present case. The defendant is entitled to a one-third discount for his guilty plea. Having regard to the whole circumstances, including what learned counsel said on his behalf, in my judgment, this is the extent of discount the defendant is entitled to.

By reason of the matters aforesaid, I sentence you to an imprisonment term of 8 years.