HKSAR v. Leung Kam Ting Akida

DCCC 469/2024

[2025] HKDC 1290

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 469 OF 2024

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Reasons for Sentence

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1.The defendant pleaded guilty to one count of trafficking in a dangerous drug that involved 14.24 grammes of ketamine.

Brief Facts

2.On 26 October 2022, at about 0737 hours, a party of police officers intercepted the defendant, who was with a woman and a child, outside the rubbish collection point of the village office of Wong Nai Tun Tsuen, Yuen Long.  Upon body search, nothing illicit was found on the defendant.  The defendant told the police that he was living at No. 90 Wong Nai Tun Tsuen.  By using the key provided by the defendant, the police entered the defendant’s residence at Room 3, G/F, No. 90 Wong Nai Tun Tsuen (“the flat”).  No one was in the Flat.

3.With a search warrant, the police conducted a house search and found the following items: -

(1) on a shelf in the living room, a paper box containing 2 transparent resealable plastic bags containing dangerous drugs (P1 and P2); and

(2) on the desk in the bedroom, a tenancy agreement of the flat.

4.Under caution, the defendant said the 2 bags of ‘K Chai’ were for his self-consumption.  In the subsequent video-recorded interview, the defendant admitted, inter alia, the following: - 

(1) The defendant was unemployed and was residing at the flat.

(2) The 2 bags of drugs are ketamine and he placed them in a coffee box.

(3) P1 and P2 were purchased by the defendant at about $1,500 from a man called ‘Ah Kai’ about one month ago. He could not provide the contact details of Ah Kai.

(4) The defendant rented the flat since late February 2022 at a rental of $5,500. He was the tenant as shown in the tenancy agreement.

(5) The key to the flat was seized from him.

5.Chemical analysis confirmed that P1 is one plastic bag containing 10g of a solid containing 7.65g of ketamine; and P2 is one plastic bag containing 8.29g of a solid containing 6.59g of ketamine. The estimated market price of the ketamine so seized was $9,142. 

Mitigation

6.The defendant is now aged 38.  He was educated up to Form 2 level.  His mother has a history of liver cancer, and she visited the defendant almost every week.  The defendant is single but has 2 young daughters and one son with his current girlfriend.  The defendant was in custody since December 2023 for this case. 

7.The defence submitted that the quantity of drugs was at the lower end of the band, and the drug was for both his own consumption and onward sale (para. 15(f) of the mitigation).  The defence tendered the mitigation letters in Chinese of his parents and aunt.  Today, the defendant presented a mitigation letter in English.  The defence said the defendant has learnt a hard lesson and is extremely regretful of the poor choices he made. The defendant has a good family support network upon his release, and hope for an early release. 

Sentence

8.The defendant is now aged 38 and had been working as an office assistant, hair stylist, salesperson and driver.  Since February 2003, the defendant had a total of 18 convictions, out of which 8 related to possession of dangerous drugs.  He was last discharged from prison on 31 December 2020.  The defendant has a conviction of rape back in January 2008 for which he was imprisoned for 7 years. 

9.Given the defendant’s conviction records, it is sarcastic for the defence to conclude that the defendant regrets his actions and has learnt a hard lesson this time, and is extremely regretful of the poor choices he made. 

10.The photo album is marked as MFI-1 and the 2 resealable plastic bags have a red line on the top, and they are of similar size (photo 10). 

11.The defendant’s father, in his mitigation letter, said in late 2023, he advised and persuaded his son to face the reality and shoulder his culpability.  His son was a drug-dependent and that made him heartbreaking.  His son needs to turn a new leaf and he prayed that the Court could give the defendant a lenient sentence. 

12.The defendant’s mother said her son knew that he had committed wrongdoings and needs to avoid bad habits.  She does not have a good health, and the defendant eventually chose to surrender himself.  The defendant’s aunt also said the defendant decided to surrender so that he can rebuild his life and act as a good person to look after his parents. The defendant, in his letter, says, “During my days in prison, I felt deeply remorse(ful) and disappointed of myself for wasting so much time and letting my family down.”  He decided to change for better for the sake of his 3 kids and himself.  The defendant promised that he would never go back to those days of illegal activities.  He hopes the Court can give him a lighter sentence to turn a new leaf so that he can be a filial son, a responsible dad, and a law-abiding citizen.

13.However, the defendant does not mention about his responsibility towards his girlfriend.  On the other hand, the defence did mention about self-consumption in the mitigation submission but did not specify the portion thereof.  Today, the defence informed the Court that this factor of self-consumption would not be pursued and is withdrawn. 

14.In normal circumstances, trafficking in ketamine of 10g to 50g will attract a starting point of 4 years to 6 years.  The present seizure involved 14.24g of ketamine.  I would adopt a starting point of 4 years and 3 months (51 months).  I would grant a full one-third discount for his plea, and that reduces the sentence to 34 months. 

15.In addition, I would give an extra discount because the defendant did listen to his parents to surrender and to face the consequence of his crime.  I really hope that the defendant would not eat his words and do start a new life after discharge.  He, as promised, will become a filial son, a caring husband (to be responsible to his current girlfriend and the mother of his 3 kids), a responsible dad and a law-abiding citizen.  As such, I would exercise my discretion to reduce the sentence by 2 months and sentence the defendant to 32 months’ imprisonment.