HKSAR v. Kwok Ka Bo

HCCC 94/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 94 OF 2016

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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 to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 29 June 2015, at Room 2, 1st Floor, No 56 Wing Hong Street, Cheung Sha Wan, in Kowloon, you unlawfully trafficked in 3,385 grammes of a solid containing 2,668 grammes of ketamine.

On 29 June 2015, shortly after 8.40 pm, police officers gained entry into that room with a search warrant. Upon entry, they saw you sitting alone in the room on the bed. A police officer conducted a search in the room and found the quantity of drugs as stated in the charge. The drugs were found in a cardboard box, contained in five transparent resealable plastic bags. You were arrested for the offence of drug trafficking and were cautioned. After being cautioned, you said, “Ah sir, please give me a chance. I’m only responsible for receiving these pieces of ‘K Chai’, someone will then come and collect them. Please release me”.

You were interviewed later and in the interview, you told the officers that somebody had instructed you to rent the premises and that you were told to store the drugs there. You were taught how to store drugs safely and you would receive the drugs from delivery vans on instruction. You had, in fact, received a box and inside was a yellow vacuum cleaner. You were given instructions to disassemble it and there, in the vacuum cleaner, were three bags of drugs.

The quantity of ketamine mentioned in the charge, on the date in the month of June 2015, could have been sold at street level to drug abusers for $433,280.

You had rented this room for one year on 7 April 2015 for $4,500 per month. You had paid a deposit of $13,500.

You are 48 years of age. You have been educated up to Form 6. You are single but I am informed by Mr Egan, your counsel, that you are cohabiting with a gentleman and he effectively is your common law husband. At the time of your arrest, you were unemployed. You have 23 previous convictions, 13 are related to dangerous drugs, but none are similar to trafficking.

Mr Egan has mitigated on your behalf and he remarked that you are fairly well educated, up to Form 6. However, in your early 20s, you became dependant on drugs and your life then spiralled out of control. Your previous convictions certainly reflects your dependency on dangerous drugs throughout all these years. Your first conviction for possession of dangerous drugs was as long ago as 1991.

In respect of the commission of this offence, I am informed that you were initially instructed to store chemicals and for that reason, you were told to rent this flat. However, you were later lured into becoming a custodian for dangerous drugs and received consignments of drugs. In this particular case, one of them was inside the vacuum cleaner.

Mr Egan has said that you realise that you will be spending some years inside and thus you sincerely hope you will kick your habit of taking drugs. You will have some time to reflect on the wasted years in your life from when you were 22 onwards and, hopefully, when you are released, you will lead a law-abiding life.

The guideline case for trafficking in ketamine is the case of Hii Siew Cheng. However, the Hii Siew Cheng guidelines for over 1,000 grammes is 14 years upwards. Mr Egan has submitted the case of HKSAR v Chow Yau Ching [2014] 2 HKLRD 639 where the court there considered the guidelines in Hii Siew Cheng as it did not elaborate on an appropriate starting point in over 1,000 grammes. The court there considered the case of HKSAR v Sin Chung Kin where that court observed the appropriate starting points for trafficking in 2,000 and 3,000 grammes of ketamine should, respectively, be no less than 18 years and 20 years’ imprisonment. I take that as the starting point to be used.

Given the circumstances and taking into account your background, defendant, I consider a starting point of 19 years and 3 months’ imprisonment to be appropriate had you been convicted after trial.

You have pleaded guilty and you shall be afforded the full one-third discount. In the circumstances, you shall serve a term of 12 years and 10 months’ imprisonment.