HKSAR v. Chiu Chi Lap

DCCC 217/2025

[2025] HKDC 2152

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 217 OF 2025

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REASONS FOR SENTENCE

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1.The defendant pleaded guilty to 2 charges of offences :-

(a)  Charge 1 – trafficking in dangerous drugs with a narcotic content of:

(i)  47.08g of ketamine

(ii)  11.44g of cocaine

(b)  Charge 2 – possession of a dangerous drug – 0.32g of ketamine

Summary of facts

2.At the material time, the defendant was the driver of a private car bearing registration number XY8830.

3.On 1 November 2024, at 0100 hours, the police intercepted XY8830 when it avoided entering into the road block area in Dundas Street.

4.Upon interception of XY8830, the following items were found: -

(a)  50 plastic bags containing cocaine underneath the driver’s seat.

(b)  58 plastic bags containing ketamine and 40 plastic bags containing cocaine were found between the driver seat and passenger compartment.

(c)  two mobile phones on the driver’s seat.

5.A sum of HK$27,830 and RMB10 was found in the defendant’s wallet.

6.The defendant was arrested for “Trafficking in dangerous drugs”[1].  The defendant said under caution that he used to work in a transportation company, but he was unemployed at that time.  He committed the offence because he ran out of money. He distributed dangerous drugs for others.

7.The street value of the drugs was around $36,000.

Charge 2

8.Subsequently, the police dog found from a compartment next to the driver‘s seat a plastic box containing a plastic straw and a plastic bag which contained ketamine.

9.The defendant was further arrested for an offence of “possession of a dangerous drug”[2] and said under caution that the drug was for his own consumption.

10.In a video record of interview, the defendant said under caution that :-

(a)  ‘Ah Keung’ provide the car to him for distribution of cocaine and ketamine.

(b)  when he boarded the car, all the drugs were already in the vehicle,

(c)  he expected that ‘Ah Keung’ would give him $2,000 to $3,000 for the delivery services.

Criminal record

11.The defendant has 4 conviction records since 2021 to 2022.  They are all related to drugs offences, two are trafficking in dangerous drugs in 2021 and 2022.

12.The defendant was released from prison in November 2022.

Background

13.The defendant is now 46 years old and is single.  His father[3] is a construction site worker and his mother[4] is a house wife.  His younger brother[5] works in Taiwan.

14.At the time of his arrest, he was unemployed and was under financial stress.

Sentence

Charge 1

15.In the present case, there are 2 types of dangerous drugs being trafficked.

16.As such, there is a seven steps sentencing approach as set out in HKSAR v Islam Majharul[6]:

(a)  The defence accepted a combine approach in sentencing.

(b)  Among the 2 types of drugs, the defence accepted that the most serious drug in terms of potency is cocaine. The correct base drug in determining the starting point is cocaine.

(c)  The applicable sentencing bracket according to the relevant sentencing guideline for the 2 types of drugs are as follow :-

(i)  In accordance to the sentencing guideline in HKSAR v Hii Siew Cheung[7], 47.08g of ketamine falls into the sentencing bracket of 4 to 6 years of imprisonment and it attracts a sentence of 5 years 10 months[8] as a starting point.

(ii)  In accordance to the sentencing guideline in HKSAR v Huang RuiFang[9], trafficking of a narcotic content of 11.44g of cocaine, it falls into the sentencing bracket of 5 to 8 years of imprisonment and attracts a sentence of 5 years 1 month[10].

17.Both the Prosecution and the Defence agreed of the results of the following calculations by applying cocaine as the base drugs :-

(a)  Absurdity test: - 8 years 2.7 months;

(b)  Conversion test: - 6 years 4 months;

(c)  Ration Test: - 6 years 6 months.

18.As such, I take 5 years and 1 month as the starting point and enhance the starting point by 1 year and 3 months to arrive at 6 years and 4 months’ imprisonment.

19.There are evidence before me that the defendant is a street trafficker.

(a)  As shown by the photos from the Prosecution, there were large numbers of individual packed dangerous drugs. That means they are all readily available for re-sell or redistribution to individual users;

(b)  The defendant said under caution that he was instructed by ‘Ah Keung’ to distribute cocaine and ketamine;

(c)  He has a large sum of cash[11] with him, bearing in mind the defendant was unemployed at that time. Clearly, the cash were the proceed of trafficking in dangerous drugs;

(d)  His culpability should be assessed as a direct street trafficker. As such, the starting point should be enhanced by 6 months.

20.Two aggravating factors - a total of 6 months:

(a)  there are 2 types of drugs for trafficking - enhance by 3 months;

(b)  The defendant has 4 drugs related convictions, 2 were trafficking of dangerous drugs. That means the previous sentence served no deterrent purpose on him. As such a further 3 months enhancement.

21.Taking into account of the aggravating factors[12] and the defendant’s role as a street trafficker[13], the total sentence arrives at 7 years and 4 months[14].  Given 1/3 discount for his guilty plea, it comes down to 58.7 months.  I round down to 58 months.  That is 4 years and 10 months.

Charge 2

22.The defendant claimed that the packet of ketamine was for his own consumption, Given the quantity was 0.32g, I take a starting point of 6 months, the sentence is reduced to 4 months after 1/3 discount.

Totality

23.In the present case, the drugs next to the driver seat in both charges were found in the vehicle driven by the defendant.  I regard the two offences as representing one occasion of possession of the total amount of drugs[15].  I order both sentences of charge 1 and 2 to run concurrently.

24.The defendant is ordered to serve a period of 4 years and 10 months imprisonment.