HKSAR v. Lai Ho Yin

DCCC857/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 857 OF 2010

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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 15 June 2010, in the Tai Wo Hau Estate in Kwai Chung, he unlawfully trafficked in 74.78 grammes of pure ketamine.

2.On the day of the offence, police officers were conducting an anti-dangerous-drugs operation in Tai Wo Hau Estate. They saw the defendant just before 20 past 7 in the evening acting furtively outside Fu Tak House.  Apparently, he was having difficulty getting access to the gate.  The officers intercepted him.  They noticed he was nervous.  He was holding an envelope in his left hand, and that contained seven plastic bags. Each of the plastic bags contained just over 10 grammes of pure ketamine.

3.The defendant at the time said that he had been given the drugs in Sham Shui Po by an unknown male and asked to deliver them for a reward of $300.  At the time of his arrest, the defendant had $80 in cash, and the street value of the drugs is $11,880.

4.The defendant has a previous conviction in June of 2009 for possession of dangerous drugs.  He was sent to the rehabilitation centre and I understand he was released from there in November of that year.

5.The defendant is now 28 years of age.  He was educated to Form 3 level.  He was born on the mainland in China in 1990 and emigrated to Hong Kong in 1996.  He has a younger brother who is in education at Form 4 level.  Sadly, his father died of cancer in April this year.  He lived with his family in Sau Mau Ping, and according to his antecedent statement which he admits, he has been a member of the 14K triad society since 2006.  The defendant has worked previously after leaving school as a godown worker.

6.The defendant has previously spent time in custody for possession of drugs, so he no doubt is aware of the tariff for trafficking in ketamine.  He must be aware that it is a very serious offence. The abuse of ketamine is widespread in Hong Kong, especially amongst teenagers and younger adults. 

7.The starting point for this offence is a sentence of 6 years’ imprisonment.  The only mitigation in this case is the defendant’s guilty plea.  He will be given the usual one-third discount for that plea.  The sentence imposed will be one of 4 years’ imprisonment.