HKSAR v. Tso Hin Kwan

DCCC 478/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 478 OF 2017

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Reasons for Sentence

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1.The Defendant pleads guilty to a charge of trafficking in a dangerous drug.

2.At night time on 28/2/2017, the police stopped the Defendant for a search at the pedestrian link to Tak Tin Estate, Lam Tin.  He had a paper bag containing a resealable plastic bag in hand.  The plastic bag contained 253 grammes of a powder containing 136 grammes of ketamine.  After arrest and caution, he said he helped someone to adulterate the ketamine for a reward of $3,000.

3.A search of his residence revealed a pile of empty resealable plastic bags, an electronic scale, a spoon, and a bag of powder (not an illegal substance in itself).  He explained in a subsequent video-recorded interview under caution that someone had handed him ketamine and the said powder for the purpose of adulteration of the ketamine. The paraphernalia were for weighing and packaging of the adulterated ketamine. He was promised a reward of $3,000. 

4.The street value of the ketamine seized was about $90,000.

5.The Defendant is 22 years of age, of F. 5 education level.  He lives with his father and elder sister.  His mother had passed away.  He has a clear record.  He last worked as a seaman for Turbojet.  He was unemployed that the time of arrest.  He used to spend quite a lot of money on computer games.  As a result, he was in financial difficulty. He committed the present offence to get money. 

6.As laid down in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1, for 50 – 300 grammes of ketamine, the trafficker shall face 6 – 9 years’ imprisonment.    

7.I take a starting point of 7 years.  The Defendant is to have a one-third discount for his timely plea of guilty.  The sentence is 4 years 8 months.