HKSAR v. Chan Hau Fung

DCCC1140/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1140 OF 2009

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Reasons for Sentence

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1.The defendant has pleaded guilty today to one count of trafficking in dangerous drugs. The drugs he has pleaded guilty to trafficking is ketamine and the quantity involved is 154.65 grammes of a powder containing 38.22 grammes of ketamine.

2.The facts of the case are very simple.

3.On the evening of 1 September this year, police officers noticed the defendant driving a car and acting suspiciously.

4.When the vehicle stopped, the police officers intercepted the car and searched the defendant. Upon search, a black plastic bag with this quantity of ketamine in it was found in the defendant’s underpants.

5.In view of the quantity, he was arrested there and then for trafficking in dangerous drugs. Under caution, the defendant made a full admission of delivering the drugs to Tsim Tung on behalf of somebody.

6.He later further explained that a man called Ah Kam, knowing he was short of money, offered him a reward of $1,000 to deliver the drugs for him.

7.The defendant acted as a drug courier. Drug couriers must be deterred because without couriers the drug trade would not run so smoothly.

8.For trafficking ketamine there are now clear guidelines. I refer to the authority of Secretary for Justice v Hii Siew Cheng, CAAR 7/2006. That authority gives guidelines for trafficking ketamine. In this case, the band that is relevant is as follows: where between 10 and 50 grammes of ketamine is trafficked, this amount will attract a 4 to 6 year term of imprisonment. There is not much room for departing from these guidelines.

9.I take into account all the mitigation put forward on the defendant’s behalf. I have heard of the defendant’s background and the dependency of his wife and child. The defendant very honestly says because he needed money he was tempted to commit this offence.

10.Counsel has tried his best to mitigate for leniency. The best mitigation is the defendant’s plea today. I will also take into account he is 25 years old and this is his first offence. Moreover, he clearly co-operated with the police.

11.After considering the above mitigation, the factors I set out and the guidelines, and of course considering the quantity of drugs involved, I will take a starting point of 5 years’ imprisonment. The defendant is entitled to a discount of one-third for his plea of guilty today.

12.Defendant, please stand up. For this offence, you are sentenced to a term of imprisonment of 3 years and 4 months.