HKSAR v. Ng Hon Ming

Read the full judgment text of HCCC 208/2021 on BabelCite. This High Court CFI judgment was delivered on 29 April 2022.

Case No.HCCC 208/2021[2022] HKCFI 1655
Court
High Court CFI
Date29 Apr 2022
Judge
Case Document
100%Judiciary

HCCC 208/2021

[2022] HKCFI 1655

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 208 OF 2021

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  HKSAR  
  v  
  Ng Hon-ming  

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Before:  Hon Andrew Chan J
Date:  29 April 2022 at 9.47 am
Present:  Miss Sheroy Tam, SPP of the Department of Justice, for HKSAR
  Mr Yip Kim-ming Francis, instructed by Kwok, Ng & Chan, assigned by DLA, for the accused
Offence:   Trafficking in dangerous drugs (販運危險藥物)

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

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COURT: The defendant has pleaded guilty to one count of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance. He is committed to this court for sentence.

The Summary of Facts reveals the following. On 1 December 2020, the defendant was intercepted by police officers inside a building at North Point. With a key seized from the defendant, police officers found inside one of the subunits of the building 19.31 grammes of ketamine, 1.51 grammes of fluorodeschloroketamine and 38.75 grammes of cocaine and a number of electronic scales and numerous resealable plastic bags of different sizes.

The street value was estimated to be around HK$100,000.

The defendant is now 25 and single. Prior to his arrest he was a warehouse worker making 12,000 each month. The defendant also has a similar trafficking in a dangerous drug record.

Guidelines on sentencing are clear. Starting point for trafficking in 38.75 grammes of cocaine is one of 86 months’ imprisonment. That is 7 years and 2 months. In addition to that there is the quantity of ketamine. Well, ketamine and fluorodeschloroketamine, I treat the two as the same. Counsel agree that an additional 4 months should be added to reflect the quantity of ketamine.

The defendant was obviously not simply acting as a courier in this case. Judging from the paraphernalia found at the scene, the defendant essentially operated a distributing centre at the building. Given also the fact that this is not the first time that the defendant has committed the trafficking-in-dangerous-drug offence, an additional 6 months would be added. The overall starting point is therefore set at 96 months’ imprisonment.

In summary, for the offence he stands convicted, he is sentenced to 64 months’ imprisonment, ie, 5 years and 4 months.