The facts are very simple in that the defendant was driving a private car and beside him was a female. They were spotted by police officers who were on anti-narcotics operation in Tai Po. The police officers then intercepted the defendant while they were still in the car, and the car was searched, and the drugs, which is the subject matter of the charge, were found inside the car. Now, all these drugs were separated into bags and packets. The total amount of drugs is as stated in the charge. He was arrested and cautioned.
Under caution, the defendant then admitted the offence and on a video-recorded interview he explained that he, out of financial problems, he agreed to transport these drugs for someone whom he called Man Gor.
The estimated street value of the ketamine seized was about $38,607, for the methamphetamine was about $65,459, and for the cocaine was about $4,616 in the powder form and $8,638 in the crack form. So the estimated total street value of the total drugs was in the region of $108,682 to $112,704.
The defendant is aged 59 and has a clear record in Hong Kong. Now, in mitigation not much has been said. In fact, nothing much can be said. It is the usual story that he was in financial trouble and this was his way of thinking to pay off his debt. And also his daughter apparently living in Taiwan had financial problems and was in an accident. And all this, I can only say, is because the defendant is the architect of his own misfortune.
Mr Luk has submitted on his behalf that he is totally remorseful and he has produced two letters from the voluntary workers in the Correctional Service who gave an opinion that in their opinion, from what they have encountered with him whilst he was on remand that he is truly remorseful.
There are also letters from his mother and wife and from himself testifying to how good a husband and how good a son he is. Well, all this falls into insignificance because drug trafficking is such an evil trade and it destroys good husbands and good sons and filial sons in its wake. If these drugs were disseminated into society, the harm it would cause to many families is well-documented.
So the only real mitigation in this case I can see is the fact that he pleaded guilty early and which is a sign of his remorse, and therefore he is entitled to one-third discount.
There are altogether three different types of drugs. There is ketamine, there is methamphetamine hydrochloride and there is cocaine. The large part of the drugs is really methamphetamine hydrochloride, and I am grateful to Ms Chit for submitting the calculation for the notional starting points both for the ratio test, the absurdity test and the conversion test.
In my opinion, the correct approach really in this case should be in the conversion test, and since methamphetamine hydrochloride is the large part of the drugs, I would convert it into methamphetamine hydrochloride. And if all the drugs were so converted, then a starting point, as Ms Chit pointed out, would be 11 years and 7 months. And giving the defendant the full one-third discount, the sentence would be reduced to 7 years and 8 months.
So the defendant will go to prison for 7 years and 8 months.