Case Document

DCCC 537/2017

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 537 OF 2017

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	HKSAR
	v
	TSANG Kai-lung

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Before:

HH Judge E. Yip

Date:

12^th December 2017 at 11:46 am

Present:	Miss Laura LIU, Public Prosecutor, of the Department of Justice, for HKSAR
	Miss KEE Kit Ying, of M/s Lau Chan & Ko assignedby DLA for Defendant

Offence:

[1] Trafficking in dangerous drugs (販運危險藥物)

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Reasons for Sentence

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Charge and facts

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

2.At about 0003h on 19 April 2017, the police saw the Defendant acting furtively outside a public housing estate block in Tseung Kwan O. They intercepted him for enquiries. He tried to flee but was apprehended. A piece of tissue discarded by him was retrieved and found to contain the following:

(1) 2 packets containing a total of 11.82 grammes of a crystalline solid containing 9.45 grammes of ketamine;

(2) 1 plastic bag containing 9 packets containing a total of 2.03 grammes of a solid containing 1.90 grammes of cocaine.

3.He had HKD$3,200 and USD$310 in his wallet, HKD$130.50 in his trouser pocket and 2 mobile phones.

4.After arrest and caution, he said that the ketamine was for his own use whereas the cocaine was for selling at HKD$350 per packet.

5.In the subsequent video-recorded interview under caution, he denied having the habit of using dangerous drugs. He said the HKD cash was his salaries from work and the change after buying drinks and cigarettes at a convenience store. The USD cash was money exchanged with his friend who had visited foreign countries earlier. He said he was unemployed.

6.The estimated street values of the ketamine and the cocaine were HKD$2,442 and HK$3,416 respectively.

7.At all material times, he possessed the drugs for the purpose of unlawful trafficking.

Mitigation

8.He is 29 years old, of a clear record. He worked as a chef before arrest. His solicitor Miss LEE submits on instructions his claim that the ketamine seized was for his own use. She puts forward a urine test report, tested positive for cocaine, conducted by CSD 2 days after the arrest. However, she concedes that the urine test did not include ketamine. I am of the view that these are matters to be sorted out in a Newton hearing. Miss LEE informs me that he will not seek a Newton hearing. He is content to put forward this claim by oral submissions alone. At the end of the day, I reject this claim.

Sentencing guidelines

9.It is 2 – 4 years’ imprisonment for trafficking in up to 10 grammes of ketamine (S.J. v Hii Siew-cheng [2007] 1 HKLRD 1).

10.It is 2 – 5 years for up to 10 g of cocaine (R v Lau Tak Ming [1990] 2 HKLR 370; Attorney General v Rojas [1994] 1 HKC 342).

Sentencing the Defendant

11.I take a starting point of 4 years. One-third off for his timely plea of guilty, the sentence is 2 years 8 months.