HKSAR v. Cheng Yiu Man

DCCC 1182/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1182 OF 2008

__________________

__________________

Before: Deputy District Judge Eddie Yip

Date:    20 Jan 2009 at 10:37am

Charge: Trafficking in a dangerous drug (販運危險藥物)

__________________

Reasons for Sentence

__________________

The charge and facts

1.The defendant pleads guilty to a charge of trafficking in a dangerous drug.  The offence took place on 19 October 2008.  In the evening of the day in question, the police found him suspicious near the rubbish collection depot outside Yung Shue House, Lei Muk Shue Estate, Tsuen Wan.  A body search yielded 4 resealable plastic bags containing a powder substance. 

2.Under caution he admitted that it was ketamine.  He assisted a person called “Ah Nam” to deliver it to Lei Muk Shue Estate for a reward of $500. 

3.The Government Chemist subsequently analysed and weighed the powder substance.  The total was 108.56 grammes of a powder containing 91.09 grammes of ketamine.  The contents in each bag were of about the same weight. 

The Defendant’s circumstances

4.The defendant is now 26 years old.  He has a clear record.  His antecedent statement has provided only very brief notes of his background.  Fortunately, Mr. Hui of Dawn Society, which is a registered charitable organization providing social services for the community, has helpfully written me a letter which sets out a rather detailed background of the Defendant.   His parents divorced when he was 15.  His 3 siblings are much older and have moved out.  After studying up to F. 3, he worked at various jobs such as air-conditioning worker, delivery driver and labourer.  There is a letter from Chun Tat Exhibition Works Company, the employer of his last job from June 2008 until his arrest in October 2008.  He was a junior technician.  The company rendered works to the Hong Kong Convention Centre.  He is commended for his industry and sense of responsibility.  

5.On 6 June 2008, the Court of Appeal in Secretary for Justice v Hii Siew Cheng CAAR 7/2006 laid down new sentencing tariffs in place of HKSAR v Lee Tak-kwan [1998] 2 HKLRD 46 for trafficking in ketamine as follows:

 (1)     up to 1 gramme – within the sentencer’s discretion;

(2)     over 1 gramme to 10 grammes – 2 to 4 years’ imprisonment;

(3)     10 to 50 grammes – 4 to 6 years’ imprisonment;

(4)     50 to 300 grammes – 6 to 9 years’ imprisonment;

(5)     300 to 600 grammes – 9 to 12 years’ imprisonment;

(6)     600 to 1000 grammes – 12 to 14 years’ imprisonment; and

(7)     over 1000 grammes – 14 years upwards.   

6.The drug in question falls within the range of 6 to 9 years’ imprisonment.  Mr. Hui has suggested probation.  I do not think that is commensurate with the seriousness of the present facts.  The Defendant acted as the courier.  I take a starting point of 6 years 9 months.  Because of his plea of guilty and clear record, I reduce it to 4 years 6 months.  There are no other mitigating factors.  This is the sentence I pass.