HKSAR v. Lau Yu Kiu

HCCC 148/2016 & HCCC 149/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 148 AND 149 OF 2016

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

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COURT: The defendant pleaded guilty to two counts of trafficking in a dangerous drug, which involved 2.13 kilogrammes, 2nd count, and 1.93 kilogrammes of ketamine, 3rd count, respectively.

On 7th April 2015, a team of police officers intercepted a 13 year old boy at the podium of Luk Yeung Sun Chuen carpark. He was carrying a brown carton box. Inside the box was a pump, in which was a packet containing 2.13 kilogrammes of ketamine. The value of this amount of ketamine was about $360,000.

On further examination, the police found four palm prints of the defendant on the brown carton box. The defendant was arrested on 7 July 2015 at Pik Uk Prison.

Under caution, he admitted packing the pump inside the brown carton box for delivery to the boy. He knew there was dangerous drugs in the pump.

On 29 June 2015, the defendant was seen alighting a private car in the vicinity of No 92, Tai Tong Village, Kiu Hing Road, Yuen Long. He went into the house. He left the house later taking a brown carton box and put it in the boot of the private car. He was intercepted by the police.

Upon search a vacuum cleaner was found inside the brown carton box. Inside the vacuum cleaner was a packet containing 1.93 kilogrammes of ketamine. The estimated value was $370,000.

The defendant admitted that for each delivery of dangerous drugs, he would be given a reward of $2,500. He admitted delivering the dangerous drugs for Wai Kit.

The defendant is 20 years old. He has a clear record. He studied up to Form 3. He was a delivery worker and driver in the past. He was unemployed at the time of the offence. He lives with his parents at Yuen Long.

Defendant wrote to this court showing remorse. He was regretful in believing dubious friends who introduced him to earn some money. He disappointed his parents. Family members and friends were shocked when they learnt about the offence. They maintained that the defendant was kind-hearted and pleaded for leniency.

According to HKSAR v Sin Chung Kin [2013] 1 HKLRD 627, trafficking in 2 kilogrammes of ketamine should attract a starting point of not less than 18 years, trafficking in 3 kilogrammes should attract a starting point of not less than 20 years.

Mr Iu, counsel for the defendant, drew my attention to two other cases, HKSAR v Ng Siu Kam CACC 474/2009 and HKSAR v Chow Yau Ching [2014] 2 HKLRD 639. Mr Iu argued that Sin Chung Kin was not meant to be a new guideline for sentencing large quantity of trafficking in ketamine. He urged this court to adopt the starting point in Ng Siu Kam, which was 16 years for conspiracy to traffic about 5.5 kilogrammes of ketamine, see paragraph 60 of the judgment.

In fact, Ng Siu Kam case was considered in Sin Chung Kin. Yeung, VP, Acting Chief Judge of the High Court, commented in paragraph 26 that the Ng Siu Kam concerned the offence of conspiracy to traffic in a dangerous drug, and the quantity of the drug involved was merely an estimate. Furthermore, in that case, the Court of Appeal did not explain clearly the rationale for passing the sentence that it did, therefore the case offered limited guidance.

In the latter case of Chow Yau Ching, the Court of Appeal confirmed that Sin Chung Kin had not revised the guidelines of Hii Siew Cheng. The Court of Appeal only elaborated the guideline and made the observation of the starting point of 2 to 3 kilogrammes of ketamine, see paragraph 15 of the judgment.

Having considered the authorities, I would adopt the principle in Sin Chung Kin. For the 2nd count, trafficking in 2.13 kilogrammes of ketamine, I take 18 years’ imprisonment as the starting point. I deduct 6 years for his plea. I sentence the defendant to 12 years’ imprisonment.

For the third count, trafficking in 1.93 kilogrammes of ketamine, I take 18 years’ imprisonment as the starting point. I deduct 6 years for his plea. I sentence the defendant to 12 years’ imprisonment.

I order that 2 years of the 3rd count to run consecutive to the 2nd count. The defendant has to serve a total of 14 years’ imprisonment. The defendant had cooperated with the police, although of no positive result. I nevertheless give him 6 months’ reduction in that regard.

The defendant has to serve a total of 13 and a half years’ imprisonment.