HKSAR v. Lau Sui Sum, Zuki

HCCC 303/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 303 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 before the Eastern Magistracy to two charges on 24 July 2015.

The first charge was that of trafficking in a dangerous drug, contrary to Section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You admitted that on 10 March 2015 at the Customs Arrival Hall at the Lo Wu Control Point, New Territories, you unlawfully trafficked in 2,981.22 grammes of a powder containing 1,908.40 grammes of ketamine.

The second charge was that of possession of a dangerous drug, contrary to Section 8(1)(a) and (2) of the same ordinance. You admitted to having possessed 6.96 grammes of a powder containing 5.29 grammes of ketamine at a flat in Siu Hong Court, Tuen Mun.

As a result of your pleas of guilty, you have been committed to the High Court for sentence.

At about 1945 hours, you arrived at the Customs Arrival Hall at Lo Wu Control Point, having entered Hong Kong from Mainland China on 10 March 2015. Inside a bag you were carrying were found the drugs as stated in the first charge.

When you were arrested and cautioned, you admitted that the drugs were “K Chai” and you were to deliver those drugs to Hong Kong for a reward of HK$15,000.

You then participated in a controlled delivery operation. During the operation, you were observed to hand some of the drugs to the amount of 2.95 kilogrammes of a powder containing 1.89 kilogrammes of ketamine to a male. That male was immediately arrested.

Later, a house search was conducted and the drugs which form the subject of the possession charge were found and you admitted, under caution, it was “K Chai” for your self-consumption. You admitted, under caution, that you engaged in drug-trafficking because you wanted to earn more money and that you were a consumer of ketamine.

The estimated retail value of all the drugs was $352,605.24.

You are now 31 years of age and have 12 previous convictions, the majority of which are in relation to dangerous drugs, the majority of which you were also sentenced to the Drug Addiction Treatment Centre.

Your counsel, Miss Manyi Tsang, has given me very full mitigation on your behalf and informed me of your background.

I have heard how you were originally brought up in a middle-class family. However, when you were 12, your sole breadwinning father passed away and, as a result of lack of supervision, your life went wayward when you were in your teens.

Nevertheless, I have heard your mother has done much for you by sending you to Canada to study at university and enrol you in courses to try to assist you, but, seemingly, all to no avail. Your habit of taking drugs took over your life and, seeing from your record, you obviously have been in and out of DATC over the last 10 years and as result have had difficulty maintaining a stable employment.

You have written me a letter, of which, I accept what Miss Tsang says, appears to be very genuine. It also appears that you have plans to make good your life and you have shown this by completing certain courses whilst you have been in remand and it is your intention to study Chinese medicine. It appears that you do have the ability to do well at your studies and I hope that you will continue to do so.

You have accepted you have committed a very serious offence and you know that the term will be a heavy one. Nevertheless, I am pleased that you do still have your mother’s support and you have learnt a valuable life lesson.

You had trafficked in 1,908.40 grammes of ketamine. In the case of Chow Yau Ching, CACC 517/2012, the court there confirmed the analysis in Sin Chung Kin [2013] 1 HKLRD 622. In Sin Chung Kin, the court had given terms of imprisonment for larger amounts of ketamine. The court there said that for 2,000 grammes of ketamine a starting point of 18 years’ imprisonment was appropriate.

Given the amount of drugs that you were trafficking in, had you been convicted after trial, I would have taken a term of 17 years and 6 months’ imprisonment.

There was an international element involved, as you had brought these drugs in from China and, therefore, the sentence should be enhanced, as that is an aggravating factor, and I enhance your term by 2 years’ imprisonment.

Therefore, the sentencing point, had you been convicted after trial, would have been one of 19 years and 6 months’ imprisonment.

The mitigating factors in your case is, of course, your early plea of guilty and the fact that you have assisted the authorities and also you have given statements and that you were willing to assist the prosecution to give evidence against the arrested male. However, you were not called upon to do so.

Taking into account those mitigating factors, I reduce your sentence by 40 per cent, making the resulting sentence for Charge 1 of 11 years and 8 months’ imprisonment.

For Charge 2, you admitted you were in possession of 5.29 grammes of ketamine. For that charge, had you been convicted after trial, I would have taken a sentence of 12 months’ imprisonment.

Giving you credit for your plea of guilty, that term shall be reduced to 8 months’ imprisonment.

That term shall run concurrent to the first charge, making the overall term you shall serve to be 11 years and 8 months’ imprisonment.