COURT: The defendant pleaded guilty to two charges of trafficking in a dangerous drug on 10 April 2025 and was committed to the Court of First Instance for sentence. Today he confirms his plea and admission of the Summary of Facts.
The defendant pleaded guilty to Charge 1, unlawfully trafficking in a dangerous drug, 249.61 grammes of a solid containing 211.48 grammes of ketamine on 3 June 2023 at the lift lobby of the 26th floor, Choi Man House, Ho Man Tin Estate, 68 Fat Kwong Street, Kowloon.
The defendant also pleaded guilty to Charge 2, unlawfully trafficking in a dangerous drug on the same day, namely 686.41 grammes of a solid containing 584.48 grammes of ketamine and 30.5 grammes of a solid containing 26.64 grammes of cocaine in Room 2604 of the 26th floor of Choi Man House.
The facts are straightforward. At around 7.30 pm on 3 June 2023, police officers mounted an anti-narcotics operation targeting Choi Man House. An hour later, the defendant was seen leaving the building and returning six minutes later carrying a white plastic bag and a mobile phone in his right hand.
Police officers were waiting at the lift lobby on the 26th floor and were informed. When the defendant came out of the lift on the 26th floor, he was intercepted by those officers. He was searched and in his plastic bag, the police found the drugs of Charge 1. He was arrested for trafficking in a dangerous drug and under caution said he would repackage the ketamine and deliver drugs to others.
He was taken to his home on the 26th floor and the premises searched. In the defendant’s bedroom, the police found the drugs of Charge 2 in many small resealable transparent plastic bags as well as paraphernalia associated with weighing and packaging drugs into such bags. The defendant was arrested again and under caution, he made the same admission.
The defendant admits that the estimated street value of all the dangerous drugs seized was between $544,000 and $555,000. He admits possessing all the dangerous drugs for the purposes of unlawful trafficking.
The defendant is now 25 years old, single and was living with his family at the time of his arrest. He is not a man with a clear record. He has one previous conviction for possessing dangerous drugs in March 2023. Ms So has said all she can say on his behalf in mitigation. His best mitigation is his plea of guilty at the earliest opportunity.
He was lured into committing these offences by friends who promised him easy and quick money. He is now very remorseful. I have seen letters of mitigation from the defendant and his family. Although disappointed, his family are very supportive and believe he is truly remorseful. He himself promises to turn over a new leaf and enrol in as many courses as possible whilst serving his term of imprisonment to improve his life skills.
Sentencing
I have considered the approach to sentencing those in trafficking dangerous drugs, with the Court of Appeal’s guidance in the most recent authority HKSAR v Lee Ming Ho [2024] HKCA 150, I now consider the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.
In the approach to sentencing, a number of steps have been identified which the court should take, such as assessing the gravity of the offenceand applicable guideline, identifying the defendant’s role, where within the guideline the defendant should lie, any aggravating factors, any mitigating factors, and lastly passing a sentence which is fair, just and balanced in all the circumstances of the offence and the defendant.
The first step is to assess the gravity of the offence and identify the applicable guideline according to the drugs seized. Here there are two types of drugs and the largest quantity is ketamine. The total amount of ketamine in both charges is 795.96 grammes. I intend to take a global approach to sentencing in light of the facts relating to both charges. The defendant was arrested for both charges on the same day and ostensibly in the same location.
The sentencing guideline for ketamine is found in the authority of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, and the starting point for trafficking between 600 to 1,000 grammes of ketamine will be between 12 to 14 years’ imprisonment. Mathematically speaking, total weight of 795.96 grammes of ketamine here alone will attract a starting point of 13 years’ imprisonment.
The sentencing guideline for cocaine is found in the most recent authority of HKSAR v Huang Ruifang [2025] HKCA 234. The starting point for trafficking in cocaine between 10 and 50 grammes is 5 to 8 years’ imprisonment. Mathematically speaking, trafficking in 26.64 grammes of cocaine alone attracts a starting point of 6 years and 3 months’ imprisonment.
I will take into account the two type of drugs that refer to a cocktail of drugs. The individual approach would be unfair here. I take the view that the combined approach should be adopted using ketamine as the base drug due to the quantity versus the quantity of cocaine. I intend to convert the cocaine into ketamine to find a mathematical starting point. After the conversion, I calculate a total of 866.63 grammes of ketamine, which will attract a mathematical starting point of 13 years and 4 months’ imprisonment.
I am satisfied that the defendant’s role is one of a storekeeper and courier. This is a position at the bottom of the hierarchy of drug traffickers. I find the starting point of 13 years and 3 months’ imprisonment appropriate in his case.
The fourth and fifth steps require me to consider whether there are any aggravating factors or any exceptional mitigating factors. I see no such factors in this case.
The defendant pleaded guilty at the earliest opportunity and is entitled to a full one-third discount. I will take the starting point of 13 years and 3 months’ imprisonment and reduce it by one-third. The defendant will be sentenced to 8 years and 10 months’ imprisonment.
With the last step of the six steps in mind, I consider the sentence to be fair, just and balanced in the light of the circumstances of the offence as well as the defendant.
Accordingly, for Charge 1, the defendant is sentenced to a total of 8 years and 10 months’ imprisonment.
For Charge 2, the defendant is also sentenced to 8 years and 10 months’ imprisonment.
Both sentences will be served concurrently. The defendant is sentenced to a total of 8 years and 10 months’ imprisonment.
Do you understand that sentence?
ACCUSED: Yes.