HKSAR v. Tam Chin Sang

DCCC 989/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 989 OF 2016

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Reasons for Sentence

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1.The Defendant pleads guilty to trafficking in dangerous drugs.

2.In the evening on 27 August 2016, the police stopped the Defendant for a body search near the exit of Diamond Hill MTR station.  He had 33 packets of ketamine and 8 packets of cocaine, a narcotic weight of 51.95 grammes and 1.60 grammes respectively.  He told the police that he was to deliver them to a location in Diamond Hill to be notified for a reward of $900 to be paid.

3.The market value of the dangerous drugs was approximately $27,400.

4.He is 23 years of age, of F. 5 education level.  He has a clear record.  He had worked as a car beauty technician.  Subsequent to this job, he lost his money in his fast food shop business in China.  He owed money to the financial institutions.  He worked as a waiter before arrest.  He makes contributions to his parents for household outgoings and to his father for his medical treatment for mental illness and serious diabetes. 

5.His mitigating letters include that of himself, his parents, his aunt, his former employer, and his friend.  They regard his present offending out of character and his reformation optimistic. 

6.The Court of Appeal has laid down sentencing guidelines in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1.  For a trafficker of 50 – 100 grammes of ketamine, the sentence shall be 6 – 9 years. 

7.In Attorney General v Rojas [1994] 1 HKC 342, which is a case of cocaine trafficking, Silke VP observes that the harm of cocaine can be aligned with that of heroin.  The sentence shall be the same for cocaine as for heroin in R v Lau Tak-ming [1990] 2 HKLR 370.  Up to 10 grammes, the starting point is 2 – 5 years.

8.I take a starting point of 6 years.  I give a one-third discount for the timely plea of guilty.  The sentence is 4 years.