HKSAR v. Lee Kwong-hang

DCCC 331/2022

[2023] HKDC 1214

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 331 OF 2022

________________________

________________________

REASONS FOR SENTENCE

The defendant pleaded guilty to a "trafficking" charge (Charge 1). The dangerous drug involved is ketamine.

2.Regarding Charge 2 "Driving a motor vehicle with any concentration of a specified illicit drug", the prosecution applied to leave it in the court file; not to be proceeded against the defendant without leave of court.  I granted the application.

Summary of Facts

3.About 1:33 a.m. on 18 November 2021, SSgt Chiu (PW1)  was driving a police vehicle along Hang Hong Street, Shatin.  He saw a private car MW7611 ("the Car")  failing to comply with traffic signs.  PW1 followed the Car and intercepted it at the Yiu On Estate carpark ("the Carpark").

4.The defendant alighted from the driver's seat of the Car.  PW1 asked the defendant to show his ID card and driver's licence; and to turn off the engine.  He ignored PW1's request and ran away.  PW1 gave chase and intercepted him at On Shing Street Garden, a location about 400 metres away from the Carpark.

5.PW1 then took the defendant back to the Carpark.  PC 25793 searched the Car in the defendant's presence and found an "Eclipse" brand candy tin box (E1)  which contained 17 resealable plastic bags (collectively E2)  in the storage space of the driver's door.  E2 was found to contain a total of 11.0 grammes of a solid containing 9.59 grammes of ketamine.

6.The defendant was arrested for "trafficking".  Under caution, he admitted that E2 were 17 packets of ketamine.  In his record of interview dated 18 November 2021, the defendant admitted that the 17 packets of ketamine contained in the tin box were for his self-consumption.  He would consume 4 to 5 packets of ketamine per day.  He purchased E2 from "Ah Keung" at Tsing Yi Park in the evening on 17 November 2021 at $4,000.

7.The total estimated street value of E2 was $7,381.

8.The defendant now admits that he possessed E2 for the purpose of unlawful trafficking.

Mitigation & Sentence

9.The defendant is 28 and single.  He has 4 conviction records, which included 1 "trafficking" offence and 2 "simple possession" offences.  Defence counsel Mr. Wong informed me that the defendant was born in mainland China.  His parents handed him over to his paternal aunt when he was 3 years old.  He was then raised by his aunt in Hong Kong.  The defendant started working after completing Form 3. He has taken up various odd jobs on a casual basis.  At the time of his arrest, he was a delivery worker earning about $12,000 per month.

10.In mitigation, Mr. Wong submitted that the defendant has dutifully made financial contributions to his aunt, whenever he could.  The defendant now admits that he was a cocaine user. He was acting as courier of ketamine to fund his drug habit.

11.Drug abuse has been a long-term problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper)  and that drug traffickers would most certainly be punished by long-term imprisonment, so that there is a deterrent effect.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1).  For up to 10 grammes, the sentence ranges from 2 to 4 years' imprisonment. 

12.In Charge 1, the defendant trafficked in 9.59 grammes of ketamine.  Applying a strict arithmetical approach, the starting point is 47 months.  I note that this is his 2^nd conviction of "trafficking".  I see the need to increase the starting point to 48 months' imprisonment for some deterrent effect.  With the timely guilty plea, the sentence is reduced to 32 months.  I sentence the defendant to 32 months' imprisonment for this charge.