HKSAR v. Shing Kwong Choi

 DCCC653/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 653 OF 2009

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Reasons for Sentence

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1. The defendant has pleaded guilty to a charge of trafficking in dangerous drugs.  The particulars of the offence are that on 16 April in Yuen Long in the New Territories, he trafficked in 21.76 grammes of ketamine.

2. The facts admitted by the defendant disclose that at 9 pm on 16 April, police officers were conducting an anti-dangerous-drugs operation in Yuen Long when they saw the defendant who appeared to them to be acting furtively.  They asked to search him and, eventually, when they did search him, they found a cigarette box containing the drugs, the subject of the charge, in his right jeans pocket.  And the defendant ran away and was followed by the officers, and when they found him on the second occasion, they searched him and in his pocket they found $5,110.60.

3. After being arrested and cautioned, the defendant told the officers that somebody had asked him to collect the ketamine, and he would sell them for $100 to $200.

4. The defendant does not have a clear record, but his previous court appearances are for unrelated matters.  He appeared before the court in 2004 and 2008, and on each occasion, it was for an offence of driving a motor vehicle with excess alcohol.  On each occasion, he was dealt with by way of a fine, and on the second occasion, he was disqualified from driving for 2 years.

5. I am told by counsel for the defendant that his client is 27 years of age and he has been educated to Form 2 standard.  I am told that at the time of his arrest, he was working as a casual construction worker earning some $7,000 per month.  I am told, however, that for the 10 years prior to his last conviction, he had been working as a supervising cleaning worker and earning some $20,000 per month.  His position with that company required him to travel around the district, and the loss of his driving licence in 2008 meant that he could no longer carry out that job.  He therefore had to give up that position and take the much less lucrative position of a casual construction worker.

6. The defendant is single and lives with his mother.  I am told that his mother is 55 years of age and he is the only one to take care of his mother, his father having died some seven years ago.  Although the defendant did not plead guilty at the earliest opportunity, he does now frankly admit the offence.  He has written a letter to the court in which he expresses his remorse and understands his guilty connection with this matter.  What has particularly preyed on the mind of the defendant, I understand, is that he is very concerned about his mother living alone, there being no other relatives to take care of her.

7. As counsel for the defendant frankly concedes, this offence will attract a custodial sentence.  The usual sentence for trafficking in this quantity of drugs is in the range of 4 to 6 years’ imprisonment.  Having considered all the circumstances of the offence, I take the view that a starting point of 4 and a half years is appropriate for this matter.  The defendant will be given full credit for his guilty plea.  Therefore, that sentence will be reduced by one-third to one of 3 years’ imprisonment.