HKSAR v. Chan Chung Yin

DCCC 1378/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1378 OF 2010

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to trafficking in a dangerous drug.  In the small hours on 26 October 2010, the police saw him acting suspiciously outside the ground floor staircase of a public housing block.  A search on him yielded 11 ziplock bags and a folded HK$10 banknote, each containing ketamine, namely 27.41 g of a powder containing a total of 21.88 g of ketamine.  

2.Under caution he said he had bought the drug for $1,800.  He intended to sell at $300 per bag.  He would consume the drug if unable to sell it. 

3.The street value was estimated by the prosecution to be HK$3,289.   

Personal background and mitigation

4.He is 29 years of age.  After completion F. 5 education, he had been a waiter in 2 hotels successively for 9 years.  He then installed broadband for customers of PCCW for 1 year.  He last worked as a part-time lighting salesman.  He regularly contributed $4,000 per month to his family. 

5.His counsel informs me it was his first time selling drug.  His criminal records included possession of drug twice but none for trafficking. 

6.From the mitigating letters written by his parents, the prison chaplain and the Defendant himself, it can be seen that drug and loss of job had co-authored his present and past misery. 

Sentence guidelines for trafficking in ketamine

7.The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 had laid down sentencing guidelines for trafficking in ketamine.  For 10 to 50 grammes, the sentence shall be 4 to 6 years’ imprisonment.

Sentencing this Defendant

8.His own misery must not be revisited upon others.  I take a starting point of 4 ½ years.  I reduce it by one-third for his plea of guilty.  There are no other mitigating factors.  His sentence is 3 years.