HKSAR v. Tang Siu Tong

DCCC 886/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 886 OF 2009

-----------------

-----------------

Reasons for Sentence

1.The defendant pleaded guilty to 1 count of trafficking in 81.49 grammes of ketamine.

2.Police searched the residence of the defendant on 16 June 2009 and found 7 bags of ketamine, an electronic scale and 21 empty transparent plastic bags. When cautioned, the defendant frankly admitted he trafficked in drugs for financial gain.

3.The 7 bags of drugs were subsequently examined by the government chemist who confirmed the contents to weigh a total of 96.1 grammes of a mixture which contained 81.49 grammes of ketamine.

4.The sentencing tariff for ketamine trafficking is set out in the June decision of last year in Hii Siew Cheng (許守城) [2009] 1 HKLRD 1. The trafficking of 50 to 300 grammes of ketamine usually attracts a custodial term of 6 to 9 years imprisonment .

5.The defendant, aged 22, is the only child of a broken family. The defendant came from the mainland to join his father in Hong Kong in the year of 1991 at the age of 3. His mother came to Hong Kong from the mainland in the year of 1999 and found out the defendant’s father had an extra-marital affair. The defendant’s mother worked in the nightclubs for about 2 to 3 years to make her living. For the past 4 years the defendant’s mother moved out to live with her boyfriend while the defendant’s father married his 2^nd wife from the mainland.

6.The defendant was first put on probationary supervision at the age of 14 in the year of 2002 for selling infringing copyright articles and assaulting a customs and excise officer. In 2004, when the defendant was 16 years old, he was put on probation the 2^nd time for assaulting occasioning actual bodily harm to another. In 2006, when the defendant turned 18, he was put on probation for the 3^rd time for possessing dangerous drugs. In March and November of 2008 the defendant had been convicted of separate offences of possessing dangerous drugs for which he was sentenced to terms of 1 month and 3 months imprisonment respectively.

7.One feels sad to see the growing popularity of ketamine abuse amongst youngsters and teenagers of the defendant’s age from current cases brought to court. The increase of ketamine dependence of our second generation is an alarming phenomenon which society must put in a concerted effort to stamp out. Parents ought to exercise greater vigilance in supervising their own child not only for the benefit of their child but also for the benefit of the younger generation, on whom the future of Hong Kong relies.

8.In respect of the trafficking of 81.49 grammes of ketamine, the appropriate sentence is a term of 6 years 4 months imprisonment. For the defendant’s immaturity, his frankness and full co-operation at his arrest, I adopt the lower starting point of 6 years. Giving him due credit for his plea of guilty indicating remorse, I accord him 1/3 discount and sentence him to a term of 4 years imprisonment.