HKSAR v. Fong Hiu Chung Roy

DCCC 750/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 750 OF 2011

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Reasons for Sentence

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1.The Defendant pleaded guilty to a charge of trafficking dangerous drugs, namely, 51.52 grammes of powder containing 34.7 grammes of ketamine.

Facts

2.At the material time, the police saw the Defendant handed an object to another male who then entered the toilet inside the MTR station.

3.The police stopped the Defendant and found the drug in question; the quantity was 49.10 grammes of a powder containing 32.29 grammes of ketamine.

4.There were also $700 and $9,505.40 on the Defendant.

5.Under caution, the Defendant admitted that he just sold a bag of ketamine to the other male.  He also intended to sell some of the remaining portion to others.

6.Inside the toilet, the male was intercepted by the police.  He threw a bag onto the floor; there were 3.62 grammes of mixture containing 2.41 grammes of ketamine.

Record

7.The Defendant has 3 previous convictions; all are possession of dangerous drugs, between 2007 to 2009.

Mitigation

8.The Defendant is 22 years old, single.  He lived with his parents.  Father is 74, mother is 55.  He needed to support his family.  He took drug to release stress.  Before the arrest, he earned $9,000 per month as a worker in a furniture shop.

10.In mitigation I was also told that :-

(1) The 4 large bags of ketamine were for sale. Each bag is $700;

(2) The 8 small bags in total quantity of 7 grammes were for his own consumption, each costs $98. The G.C.C. did not quantity the purity of the 8 small bags. By way of conversion, it should be about 5 grammes.

11.The mitigation also advanced on the basis that the drugs were not sold on a commercial level to make a profit.  He had $9,000 with him at the time of the arrest; they were money from his family members. 

12.There was also $700 with him. The cost to buy the big bag of ketamine was $700.  He sold it at $700 to the other male who went into toilet.  The Prosecution did not have any information as to the cost of each big bag of ketamine. 

13.The Defendant said the purpose of selling the ketamine was to increase his ‘charisma’ amongst his friend. It was all about the face issue.

14.From the small packages of the 8 bags, they could be for the Defendant’s self use because from the criminal records, he had 3 previous convictions of possession of dangerous drugs in 2007 and 2 times in 2009.

15.Further, when he was arrested, he said under caution that some of the drugs were intended for selling, not all of them.

16.To this extend, I accepted that a portion of the drugs, as claimed by Defendant, are for his own consumptions which may last him for about 10 days.

17.On the other hand, as they were small packages, they were easily for resale.  The Defendant may also have the opportunity to re-sell them again.  Therefore, latent-risk factor also comes into play.

18.According to the case of Hui Siew Cheng CAAR 7/2006, the original quantity involved was 34.7 grammes, it falls into the sentencing bracket of 4-6 years.  Due to the fact that some of ketamine was for his own use, I am of view that 5 years is the appropriate starting point.

19.I also add 2 months for the latent risk factor.  I then reduce the sentence to 41 months for his guilty plea.  The total sentence is 41 months.