HKSAR v. Hung Yee Fai

DCCC1210/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1210 OF 2009

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Reasons for Sentence

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1.The defendant has pleaded guilty to two charges, the 1st charge is one of trafficking in dangerous drugs.  The offence was committed on 4 September 2009 at a flat in Cornwall Court, Nathan Road.  He trafficked in 15.55 grammes of pure ketamine.

2.The 2nd charge is a charge of possession of dangerous drugs.  It was committed on the same occasion and relates to a variety of drugs the defendant was found in possession of.

3.The facts admitted by the defendant state that on the afternoon of 4 September 2009, a team of police officers arrived at Room B3 on the 10th Floor of Cornwall Court, Nathan Road, Mongkok.  When somebody left the premises, the officers took the opportunity to enter the premises and conduct a search.  There were three persons inside.  The defendant was searched and inside a plastic bag in the front pocket of his vest the police officers came across the ketamine, the subject of the 1st charge.  The defendant was immediately arrested and cautioned in respect of that matter and he admitted frankly that he was assisting someone to deliver the ketamine. 

4.On further search by the police, they came across a small green bag containing four plastic bags of suspected dangerous drugs in the dining room.  The dangerous drugs were found to be ketamine and ice and the defendant admitted that they were all in his possession and that the other person in the room had no knowledge about them.

5.With regard to these drugs, the defendant claimed, and it is not challenged by the prosecution, that the defendant was in possession of those drugs for his own consumption.  The various drugs were submitted for analysis by the Government Chemist and confirmed to be the drugs the subject of the charge.

6.The defendant has 10 previous court appearances in relation to 16 charges.  Seven of those matters are drug-related matters and I note that in 2004 for trafficking in dangerous drugs he was sent to prison for 20 months.  I note that his latest drug conviction was in 2007 when for possession of dangerous drugs, somewhat unusually, given his record, he was placed on probation.  However, within a very short period of time the defendant had breached that Probation order and was ordered to go to the Drug Addiction Treatment Centre and the Probation order was discharged.

7.In mitigation I am told that the defendant is 38 years of age, he is single and was educated to Form 3 level.  At the time of the offence he was unemployed and it was because of this that he was in need of money and therefore committed the offence.  I am told that on occasions he did have casual work as a construction worker earning some three to $400 per day.  I am told that he has parents who are in their mid-sixties and his father works as a Chinese Medicine Practitioner.  I am told that he has advised his lawyer that he regards his actions as very foolish and regrets what he did.

8.The defendant has been co-operative with the police, he admitted right at the outset the two offences to which he has pleaded guilty and he has assisted the police and entered a guilty plea at the earliest opportunity.  Placed before the court is a letter from the defendant in which he asked for mercy.  I am told that unlike his previous periods of incarceration, the defendant feels extremely ashamed about his situation at the present time because his girlfriend has had to come and visit him on a regular basis and give him food.  Apparently he finds this particularly aggravating because of the source of income for the girlfriend, she works as a nightclub hostess and he is ashamed that she has to do that to earn money.  He asks for leniency.

9.The defendant has a long record for drug offences and he knows the usual sentence for offences of this kind.  For possession of ketamine in this sort of quantity, the suggested sentence for trafficking in 10 to 50 grammes is 4 to 6 years’ imprisonment.  The defendant was in possession of 15.55 grammes of ketamine for the purpose of trafficking.  Having looked at all the circumstances, I have decided to take a starting point of 4 years in respect of this 1st offence and I will reduce that to 32 months to reflect his guilty plea.

10.In respect of the 2nd offence, I take a starting point of 12 months and reduce that by one-third to reflect his guilty plea.  The sentence therefore will be one of 8 months’ imprisonment on the 2nd offence.

11.I have considered the question of totality and as counsel has rightly pointed out both offences were committed on the same occasion.  I have decided in all the circumstances to impose concurrent sentences of imprisonment and the defendant will therefore go to prison for a total period of 32 months.