HKSAR v. Chu Maan Pong

HCCC 363/2017

[2018] HKCFI 502

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 363 OF 2017

-----------------

------------------

---------------------------------------------

Transcript of the Audio Recording
of the Sentence in the above Case

---------------------------------------------

COURT:

Mr Chu, stand up, please. Mr Chu, on 25 October 2017, you pleaded guilty before the Eastern Magistrates’ Court to one count of trafficking in dangerous drugs, contrary to Sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, in that you trafficked in 2,599.66 grammes of ketamine on 6 January 2017, when you were intercepted outside Kam Ping Building in Kam Ping Street, North Point. The police searched you and found only 2.66 grammes of ketamine in your jacket pocket, which you told the police you were distributing to others. You also told the police that you had obtained it from Room 6, Flat C2 on the third floor of West Block, Kam Ping Building.

You had in your possession the keys to that flat, and a further search revealed the 2.5 kilogrammes of ketamine stored under a bed along with electronic scales, a sealer and a box of resealable plastic bags. You said that you were keeping an eye on the “K chai” for someone else, and you did not actually live at the flat.

By reason of your plea, Mr Chu, you were trafficking in that ketamine because you were taking small amounts from the source to deliver them to others, and although you say the dangerous drugs did not belong to you, you were in custody and control of the 2.5 kilogrammes of ketamine. The street value of that ketamine was $1,470,492. You also said at the same time that you were to receive $1,000’s reward per night for acting as a runner, although you say you never received that reward, but you did have on you $1,100. Mr Wu on your behalf tells the court that you are 18 years of age, educated up to Form 2, single, and unemployed. You were just 17 at the time you committed this offence, and had recently been released from Drug Addiction Treatment Centre for an offence of possession. Unfortunately, you have a criminal record for dishonesty dating back to 2012, when you received probation, and must have been just 13 years old at the time. The only relevant matter is the possession of dangerous drugs in 2016, for which you received DATC, and to which I have already referred. You must have been using drugs at that time, but Mr Wu tells me that you were not doing so at the time of this offending. I am afraid I do find that hard to believe, as you seem to have fallen into reoffending very quickly. I note that at the time of this offence, you were still under CSD supervision, until 20 November 2017.

Your personal circumstances are unfortunate. You came from China at the age of 4, after your mother and father split up and then divorced. Your father is a Hong Kong resident, so I presume you would have had other family support here in Hong Kong, but I am told that you have no contact with your mother.

You left school at 15. You had a job for a very short while, before being made redundant. Then you quickly got into trouble for the possession offence and underwent the DATC disposal and have not really had a chance to stand on your own two feet. Your default mode appears to be offending. That is a great shame, because you are still very young, and you have your whole life ahead of you.

The case of HKSAR v Hii Siew Cheng [2009] 1 HKLRD 1 provides sentencing guidelines for trafficking in ketamine up to a kilogramme, at which point sentencing is at the discretion of the court. But I do bear in mind that this authority suggests a starting point after trial for trafficking in up to 1 kilogramme of ketamine is 14 years. You have admitted trafficking in one and a half times that quantity.

In HKSAR v Sin Chung Kin [2013] 1 HKLRD 627, it was suggested that the starting point for trafficking in 2,000 grammes, 2 kilos, should be in the order of 18 years, and for 3,000 grammes, 3 kilos, should be 20 years. So that would suggest a starting point after trial for 2.5 kilos of 19 years.

Under HKSAR v Abdou Maikido Abdoulkarim [2016] 5 HKLRD, as you have pleaded guilty at committal, you are entitled to a full one-third discount from the starting point after trial, and I have taken into consideration all that has been said on your behalf, including your genuine remorse, your age, family circumstances, and the fact that you were full and frank with the police. But unfortunately, there is nothing within that mitigation, advanced on your behalf by Mr Wu, which can reduce your sentence further than that one-third. Accordingly, Mr Chu, I sentence you to 12 years and 8 months’ imprisonment.