HKSAR v. Wong Lui

DCCC61/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 61 OF 2011

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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 quantity involved is 90.46 grammes of pure ketamine.

2.The facts admitted by the defendant disclose that on 19 November 2010, officers were conducting an anti-dangerous drug operation in the area of Fu Tai House in Kwai Chung.  Shortly after 9 o’clock on 19 November, officers saw the defendant’s mother leaving the premises and intercepted her, and they subsequently took the mother back to the premises and entered the premises and inside there was the defendant. 

3.In a drawer in the wardrobe of the defendant’s bedroom, they came across the drugs, the subject of the charge.  They were in 11 plastic bags.  In addition, they came across some paraphernalia associated with trafficking, namely an electronic scale and two plastic bags, each containing 48 plastic bags and 59 plastic bags.  The defendant immediately admitted that the ketamine belonged to him and had nothing to do with his family members.

4.When he was interviewed, the defendant told the police officers that he met a man called Ah Keung in an amusement game centre in Mong Kok about a week prior to his arrest.  He was in need of money and Ah Keung proposed to the defendant that he could make money by reselling ketamine.  He was supplied with the 11 bags of ketamine found in his possession for $5,000.

5.He said he bought the paraphernalia found in his bedroom at a stationery shop near to the amusement game centre.  He said that he intended to sell the ketamine to youths in the area of the estate where he lives.  He also said that he consumed half a bag of ketamine from the 11 bags which had been seized and the remaining constituted the drugs, the subject of the charge.

6.The police estimate that the street value of the drugs is HK$16,692. 

7.The defendant has a record of previous convictions.  He has 4 previous court appearances, only one of them is drug-related and that was an appearance in 2001 where he was put on probation for 18 months for possession of dangerous drugs.  The other 3 court appearances were for non drug-related offences and his last court appearance was 8 years ago in 2003 for acting as a member of the triad society, he was ordered to go to a detention centre. 

8.The defendant, I am told, was born in the Hunan Province on the mainland and he came to Hong Kong with his family when he was aged 5.  He was educated to Form 3 level.  He had various jobs working casually until he eventually found a stable job working as a garment distributor in 2006.  He remained in that employment till 2010 when because of business difficulties the business closed down.

9.Sadly, his father passed away a few years ago and he now lives with his mother in the Tai Wo Hau Estate, and I am told that his mother does not enjoy good health.

10.Counsel for the defendant told me that the defendant’s drug problem, as far as ketamine is concerned, started in 2002. When he obtained employment in 2006, he managed to stay away from taking drugs but when he lost his employment he resumed taking ketamine.  Clearly, that problem would put him in touch with people like Ah Keung who eventually persuaded him to traffic in ketamine. 

11.A letter has been placed before the court from a social worker who has known the defendant for a number of years.  The letter states that the defendant is an active person and has been active in social work and that he has kept in touch with the social worker during the period of his remand in custody pending the outcome of these proceedings. 

12.As counsel has acknowledged, the normal sentence for trafficking ketamine of this quantity is in the range of 6 to 9 years.  The only mitigation in this case, again as counsel has rightly acknowledged, is the fact that the defendant has co-operated with the police and pleaded guilty to the charge.

13.I have the greatest sympathy for your mother, your involvement in this offence must be a great tragedy for the family.  You have been involved in drug taking in one form or another for a number of years.  In 2001 you were placed on probation for possession of dangerous drugs and you have been taking drugs on and off since that conviction.  You are obviously aware of the risks that you were taking. 

14.Having considered all the factors urged upon me in mitigation, I take the view that the appropriate starting point in this case is a sentence of 6½ years.  I give the defendant credit for his guilty plea and reduce that by one-third.  The sentence, therefore, that will be imposed on the defendant in respect of this offence is 4 years and 4 months.