HKSAR v. Chow Cheuk Kan

HCCC 21/2026

[2026] HKCFI 2818

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 21 OF 2026

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REASONS FOR SENTENCE

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1.The defendant pleaded guilty to two counts of trafficking in dangerous drugs[1] and one count of possession of dangerous drugs[2] before Magistrate Ms. Minnie Wat, admitted to the Summary of Facts and was committed on 12 January 2026 to the Court of First Instance for sentence. He confirmed his pleas and admission before me and the convictions were duly recorded.

PARTICULARS

COUNT 1

2.The defendant, on 22 August 2022, near lamppost FB3540, Fung Yau Street East, Yuen Long, New Territories, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 25.9 grammes of a solid containing 21.0 grammes of ketamine.

COUNT 2

3.The defendant, on 22 August 2022, at a private car with registration number CE8398, near lamppost FB3540, Fung Yau Street East, Yuen Long, New Territories, in Hong Kong, unlawfully trafficked in a dangerous drug, namely 70.45 grammes of a crystalline solid containing 69.54 grammes of methamphetamine hydrochloride (commonly referred to as ‘Ice’).

COUNT 3

4.The defendant, on 22 August 2022, at a private car with registration number CE8398, near lamppost FB3540, Fung Yau Street East, Yuen Long, New Territories, in Hong Kong, had in his possession dangerous drugs, namely 0.52 gramme of a crystalline solid containing 0.51 gramme of methamphetamine hydrochloride, 0.08 gramme of a solid containing methamphetamine and traces of a solid containing methamphetamine.

SUMMARY OF FACTS

5.The defendant was seen by patrolling police officers walking towards a bicycle that was left on the pavement near lamppost FB3540 at around 12:45am on the charge date.

6.The officers also noticed 2 vehicles, CE8398 and UH713, parked next to the same lamppost.  The engine of CE8398 was running but no one was on board.  

7.The police officers saw the defendant picked up a white box from the basket on the front of the bicycle and they proceeded to approach the defendant, who then put the box back into the basket and walked away quickly and got into the front passenger seat of UH713, which was intercepted by the officers after it moved for about 10 meters.  

8.The white box was retrieved from the bicycle basket, and was later found to contain 41 plastic bags with a total of 25.9g of a solid containing the ketamine in count 1.

9.The defendant was arrested, and he claimed under caution that “Ah Man” had asked him to pick up the dangerous drugs, promising the defendant a reward of $2,000.

10.CE8398, the empty vehicle with the engine running, was searched and the dangerous drugs particularized in count 3 were found from the storage compartment of the driver door, together with a drug inhalation device and a pink straw.  The dangerous drugs particularized in count 2 were found from a suitcase that was on the rear passenger seat.  

11.The defendant was arrested and cautioned for those items and he claimed that they all belonged to him.  Upon investigation, CE8398 was registered in the name of the defendant’s girlfriend.  

12.The defendant’s mobile phone was inspected with his consent.  There were found to have been 8 phone calls between the defendant and number “5169 1516” from 20 to 22 August 2022.  Records show that the defendant discussed with that number about doing a job.  The defendant was told to do it using his own car.  The defendant mentioned “40 packets was 2800 (“40包咪2800”)”.  There were also messages suggesting that someone had ordered something from “5169 1516” and the defendant was told to contact the person who placed that order.  The defendant was told they will begin dealing with the orders at 12am, proceed to Kowloon at 1am, and the buyers would place orders with “5169 1516” at 12am.  

13.The estimated retail value of the seized ketamine found in the bicycle basket was $15,903; and of the ‘Ice’ found from the suitcase was $41,425.

14.By his admission to the Summary of Facts, the defendant had accepted that at all material times he was unlawfully trafficking in all the dangerous drugs seized in relation to counts 1 and 2, and that he was in possession of the ‘ice’ seized in relation to count 3.

PREVIOUS CONVICTION

15.The defendant has 2 previous convictions dated November 2011 and August 2016.  Both were for possession of dangerous drugs and he was sentenced to 2 months’ imprisonment on each occasion.  

BACKGROUND AND MITIGATION

16.The defendant was born in July 1980 and is 45.  He was educated up to Form 2 level, when he left school and started doing part-time work as a chef, crane operator, technician and bus driver.  He worked as a chauffeur from 2016 up to the time of his present arrest, earning around $24,000 per month.  

17.The defendant got married in 2006, but his wife committed suicide in 2010, leaving him with their son, who is now 19 and living together with the defendant and his 67 year-old mother.  

18.The defendant’s younger brother drowned and died, also in 2010, and the defendant’s father passed away from illness in the same year.  

19.The defendant’s mother retired in 2021 due to leg pain and the defendant had since been the sole breadwinner.  

20.Ms. Maria So, counsel for the defendant, told the court that the defendant was having difficulty providing for the family at the time of the offence, causing him to succumb to his friends’ requests to traffic in dangerous drugs to earn some quick money, without thinking about the consequences.

21.Ms. So submits that the defendant was merely following instructions and not the mastermind of the operation.  He was the messenger, as he had explained in his video recorded interview.  The defendant had been cooperative since his arrest and had indicated his guilty pleas at the earliest stage.  He wishes for leniency so that he may return sooner to look after his mother, as well as to be with his son.  The defendant’s mother has been doing part-time work to support herself and her grandson since the defendant’s remand.  

22.The defendant has enrolled and completed a 30-hour course in Presentation Software Application, and a Food Hygiene Manager Certificate course while in custody so as to prepare for his eventual re-integration into the community upon his release.

23.The defendant, his mother and son all wrote in mitigation.  What the defendant wrote has been summarized above.  The defendant’s mother tells the court that the defendant has been a filial son and a dutiful father, while the son speaks to his strong relationship with his father and seeks leniency on his behalf.  

SENTENCING

24.The maximum sentence on conviction upon indictment for trafficking in dangerous drugs is that of life imprisonment and a fine of $5 million, whereas that for possession of dangerous drugs is 7 years and $1 million.

COUNTS 1 AND 2

25.Although there are 2 trafficking charges, given the circumstances, it is trite law that the defendant should be sentenced for the combined quantity found in the basket and the suitcase[3], which is 21g of ketamine, and 69.54g of Ice.

26.The sentencing approach and tariff bands as set out by the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, HKSAR v Huang Ruifang [2025] HKCA 234, and HKSAR v Sin Chung-kin [2013] 1 HKLRD 627 are applied.

Step 1: The applicable guideline tariff bands

27.For the 21g of ketamine, the applicable guideline tariff band is that of 4 to 6 years’ imprisonment.  For the 69.54g of Ice, the updated applicable band is 7 to 11 years’ imprisonment.

Step 2: The defendant’s role and culpability

28.Based on the Summary of Facts, the defendant was trafficking in the drugs for a monetary reward, with him taking up the role of a courier.

Step 3: The relevant band within the guidelines

29.Based on my finding of the defendant’s role and culpability, the corresponding notional starting points for the ketamine and Ice are, respectively, 4 years 6 months and 10 years 11 months.

30.Since two different types of dangerous drugs were trafficked, I adopt the combined approach as propounded in HKSAR v Yip Wai Yin [2004] 3 HKC 367.  I have applied the absurdity, conversion and ratio tests as used in HKSAR v Chan Yuk Leong CACC 318/2013 to assist me in arriving at the correct starting point.  

ABSURDITY TEST

31.On the basis of all the narcotics being the more potent drug of Ice, any combined starting point above 11 years 4 months could be regarded as absurdly high.  

CONVERSION TEST

32.If the ketamine is converted into Ice that would yield the same sentence of 4 years 6 months, the total converted quantity of Ice would be 73.42g, which would lead to a notional starting point of 11 years.

RATIO TEST

33.Based on the proportion of different drugs involved, the sentence should be about 10 years 2 months.

THE COMBINED NOTIONAL STARTING POINT

34.Having regard to the above test results, taking into consideration the defendant’s role and culpability as a courier, I will adopt a combined starting point of 11 years for the combined quantity of ketamine and Ice in counts 1 and 2.

Step 4: Aggravating factors

35.The defendant trafficked in two different types of drugs and it is trite law that this is an aggravating factor.  Given the quantity involved, I will enhance the sentence by 6 months, taking the combined starting point to 11 years 6 months.  

Step 5: Mitigating factors

36.For the defendant’s diligence in attending and completing the two courses, I will grant him a reduction in sentence of 3 months, lowering the starting point to 11 years 3 months.   

37.The other mitigating factor is the defendant’s timely guilty pleas, for which he is to be granted a one-third discount, leading to a sentence of 90 months, or 7 years 6 months after plea.

Step 6: Totality

38.Taking a step back, I find the sentence fair, just and balanced.

FINAL COMBINED SENTENCE FOR COUNTS 1 AND 2

39.I, therefore, sentence the defendant to 7 years 6 months’ imprisonment on both count 1 and 2, and order the sentences to be served concurrently.  

COUNT 3

40.It is not disputed that the usual sentence for simple possession of small quantity of dangerous drugs is in the range of 12 to 18 months’ imprisonment.  

41.This is the defendant’s third conviction for possession of dangerous drugs, although his last conviction was 10 years ago.  

42.Given the relatively small quantity of drugs, but considering that this is the defendant’s third conviction for the same offence, I will adopt a starting point of 15 months’ imprisonment, discounted to 10 months after plea.

43.I note that, had the 0.51g of Ice in count 3 be added to count 2, the final sentence for counts 1 and 2 would have remained the same.  As such, I will order that the sentence for count 3 be served concurrently with the sentences in counts 1 and 2.

44.The final sentence for all 3 counts is, therefore, 7 years 6 months’ imprisonment.  

Ms. Winnie Mok, SPP of Department of Justice, for the Prosecution/ HKSAR

Ms. Maria So, instructed by Messrs. Johnnie Yam, Jacky Lee & Co., assigned by D.L.A. for the defendant