Choi Yue-sing, on 3 August 2020, I think, yes, you pleaded guilty to one count of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and by so doing you admitted trafficking in 6,015.21 grammes of ketamine on 9 February 2019.
At that time, you had been the subject of an anti-narcotics operation when you were stopped outside of your home that evening. When your home address was searched, the dangerous drugs were found, having been retrieved by you from tins of baby formula which had been delivered to you by DHL. The package was clearly in the process of being unpacked. Not only were you in possession of the drugs but also the means to weigh and repackage them for onward sale. You were in the process of doing that when the police carried out their operation.
On arrest and caution, you accepted that you were handling ketamine. Later in interview, you said you had been introduced to someone by a friend whom you did not identify but we now know that was Lau Ting-yin because Lau knew that you were in financial difficulty. That third party to whom you were introduced whom you identified as Siu Lung asked you to receive parcels of dangerous drugs and then to just pass them on. You were to be rewarded with $500 each time that you did so. You were prepared to do this, knowing full well that each parcel contained dangerous drugs.
In respect of the particular dangerous drugs found in your possession on 9 February for which you are before the court today, you said that you only knew they were to be delivered that day when Siu Lung rang you at the same morning. At that time, Siu Lung had asked you if you would be prepared to repackage dangerous drugs into 250-gramme packs. He took advantage of you and foolishly you agreed. It appears that it was the first time that you had done this. You were therefore caught red-handed with over 6 kilogrammes of ketamine worth over HK$4 million spread around your bedroom floor rather than simply an unopened DHL box.
You were 18 years of age at the time of the offence and are now 20 years old. You were educated up to Form 4 and were unemployed at the time of arrest. You come from a loving family and you were of good character, but you were clearly troubled and in need of support.
Mr Hotten readily accepts that there is very little mitigation which can be advanced on your part save for your clear remorse and your co-operation. You have come to terms with your current situation which is to your credit, and I believe that you will make the most of your time in prison to educate yourself so that you can be a better person when you are released and can take up proper employment.
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. I bear in mind that this authority suggests that the starting point after trial for trafficking in up to 1 kilogramme of ketamine is 14 years. You have admitted to trafficking in six 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 to 3,000 grammes should be no less than 18 and 20 years respectfully. Where more than 3,000 grammes is involved, the starting point after trial could exceed 20 years but the increase in sentence does not necessarily have to equate to the increase in quantity on the same mathematical basis as below that weight.
It is for the court to pass a sentence which is appropriate in all the circumstances of the case as was said in HKSAR v Lau Tak Ming [1990] 2 HKLR 370 and Attorney General v Ching Kwok Hung [1991] 2 HKLR 125. In Sin Chung Hung, the trial judge adopted a starting point of 22 years for 5.12 kilogrammes of ketamine which the Court of Appeal did not find to be manifestly excessive. Although the range of sentencing in weights above 3,000 grammes are within the court’s discretion, there does need to be a meaningful, logical distinction where there is a meaningful increase in weight.
I have therefore also considered the comparative increase in sentencing for large amounts of cocaine, heroin and methamphetamine hydrochloride under HKSAR v Abdallah [2009] 2 HKLRD 437 where for 6 kilogrammes of those types of dangerous drugs, the sentencing range will be between 26 and 27 years.
Ketamine, however, is not considered as potent. Taking Sin Chung Hung as a baseline, I consider a starting point of 22 years and 3 months after trial to be appropriate in all the circumstances of this case.
As for the issue of your receipt of a parcel from abroad, insofar as you aided and abetted someone else to import the dangerous drugs, this is an aggravating feature as is the fact that you had agreed to repackage the dangerous drugs and not simply pass it on. You played a more active role than you originally envisaged, but I consider that that aspect is suitably taken into consideration in the starting point above. For your role in aiding the importation of the goods by DHL, I am also conscious of the significant sentence I must pass for the quantity of drugs found in your possession.
Nevertheless, there are sound principles of deterrence in marking the distinction between handling dangerous drugs already within the jurisdiction and enabling dangerous drugs to be brought in. It must be marked in some way. But given your age at the time of these events, I consider it appropriate to enhance your sentence by just 1 year even although you received 6 kilogrammes of dangerous drugs. I do so, being cognisant of the fact that you had no control over the quantity you received and it is highly unlikely you knew how much you were to receive that day.
I also take into account the significant sentence I must pass and your age at the time of offending and the potential for you to serve a sentence which will give you time to reflect and prepare for a new life when you are released.
There is no other mitigation which I can reduce the sentence I am about to pass save for the one-third discount which you are entitled to because of your early plea. Accordingly, you will go to prison for 15 years and 6 months.