HKSAR v. Lee Ming Fai

DCCC1309/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1309 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the particulars being that you, on 4 October of last year, at the lift lobby of the 5th Floor of Pik Hoi House, Choi Hung Estate, trafficked in 10.92 grammes of ketamine.

2.The Brief Facts, which you have agreed, are quite straightforward and describe how officers, who were on anti-dangerous drugs patrol, saw you leaving Room 510 at the above location, looking around furtively.  You were stopped and searched, and, as a result, two plastic bags containing the ketamine was found from your left front jeans pocket. 

3.You were arrested and cautioned for trafficking in dangerous drugs, whereupon you stated that you helped others to deliver the “K Chai” in order to earn a few hundred dollars.

4.You are 17 years of age and already have two previous convictions for drug-related offences, the first being a similar offence of trafficking in dangerous drugs, when you were sent to a detention centre in 2007, and more recently in December of 2009 you were sentenced to DATC in respect of an offence of possession of dangerous drugs. 

5.Nothing of any substance has been put before me by way of mitigation, save for your plea of guilty.  I have before me a background probation officer’s report and a detention centre training centre suitability report from the Correctional Services Department.  I note that you are not considered to be suitable for detention in a detention centre or a training centre as you have been confirmed to be a drug dependent.

6.In the case of Hii Siew Cheng [2008] HKCA 200, the Court of Appeal laid down sentencing guidelines for trafficking in ketamine, and for quantities of ketamine between 10 to 50 grammes the relevant sentencing bracket falls between 4 and 6 years’ imprisonment. 

7.In this case the court is dealing with 10.92 grammes.  Accordingly, I adopt 4 years' imprisonment as my starting point.  I will discount this by one-third to take account of your plea of guilty, coming to 2 years and 8 months’ imprisonment.