HKSAR v. Poon Tsz Chun

DCCC 834/2018

[2019] HKDC 844

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 834 OF 2018

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Reasons for Sentence

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Charge and facts

1.D pleads guilty to trafficking in a dangerous drug.

2.At around 10:51 p.m. on 12 June 2018, in conducting a patrol near the lift lobby at 26/F, Yu Yat House, Yat Tung Estate, Tung Chung, Lantau Island, New Territories, Hong Kong, police officers in plainclothes spotted two Chinese males (later known as D and SUSP respectively) acting furtively; in particular, D and SUSP approached a fire hose box near L1.  Eventually, D closed the door of the said fire hose box, and held a plastic bag (“E1”) in his hand.

3.The police officers then identified themselves, and produced their police warrant cards to D and SUSP.  However, upon spotting the police officers, D began to flee immediately, and tried to throw E1 out of a nearby window.  The police officers then stopped D from throwing E1 out of the said window, and subsequently subdued D.

4.Upon search in the presence of D, the following items were found, among others, inside E1:-

a) 23 plastic bags containing a total of 11.1 grammes of a solid containing 9.04 grammes of ketamine (“E2”);

b) 1 electronic scale.

5.D was then arrested, and remained silent under caution.  Upon search of D, $5,254.3-HKD cash and two mobile phones were, among others, found on D.

6.Subsequently, upon search of D’s residence at Room 2806, 28/F, Yu Yat House, Yat Tung Estate, 8 Yat Tung Street, Tung Chung, Lantau Island, New Territories, Hong Kong, no suspicious item was found.

7.In D’s video-recorded interview conducted on 13 June 2018, under caution, D said, among others, that:

a) He worked as a transportation worker at Kwai Tsing Container Terminals, with a monthly salary of about $22,000;

b) The $5,254.3-HKD seized from him was earned from his work; and

c) He had a habit of consuming “Ice” in 2016 which lasted for around 6 months.

8.The retail price of the ketamine seized (E2) was estimated to be around $5,239.2-HKD.

9.At all material times, D possessed the ketamine seized (E2) for the purpose of unlawful trafficking.

Sentencing guidelines

10.The Court of Appeal has laid down sentencing guidelines for traffickers of ketamine in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1.  For 1 – 10 g of ketamine, the sentence shall be 2 – 4 years in the absence of aggravating features.

Mitigation

11.He is 22 years of age, of F. 3 education level.  He had 5 records.  Relating to dangerous drugs was one for possession.  He was thereby sent to DATC in January 2017. That was his last record.  He quit the addiction upon completion of the DATC programme.  

12.In mitigation Mr. Pannu informs me that D committed the present offence to raise money to repay credit card debts for dating.  He was a gatekeeper only.   

13.The quantity of ketamine herein was 9.04 grammes, pertaining to the band of 1- 10 grammes for 2 – 4 years.   Mr. Pannu asks me to consider a starting point of 3 years 6 months based on the following factors, among others:-

a) First trafficking offence;

b) Only a gatekeeper;

c) Involvement for a very short period with no earnings received as yet;

d) Not a drug addict who commits the offence to sustain addiction;

e) Only earning money for dating.

Sentencing D

14.I take a starting point of 3 years 6 months.  After a one-third discount for the plea of guilty, the sentence is 2 years 4 months.