HKSAR v. Xiong Jie
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DCCC667/2011 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 667 OF 2011 ----------------------
--------------------- Reasons for Sentence --------------------- 1.Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. 2.You denied one offence of possession of equipment fit and intended for the inhalation of dangerous drugs, contrary to section 36(1) and 36(2) of the same ordinance. 3.You admitted the facts and I convicted you on the 1st charge. I ordered the 2nd charge be left on the court file and not to be proceeded with, save with the leave of this court or the Court of Appeal.4.Briefly, the facts are as follows. 5.At about 4.30 pm on 3 May last, you were intercepted by immigration officers at Lok Ma Chau Control Point as you entered from the Mainland. You were taken to an interview room with your luggage for a search. Upon search, a metal box containing a plastic card and a plastic straw segment, each containing traces of suspected ketamine and some suspected ketamine, was found in the hand-luggage. 6.You admitted it was ketamine. You were then taken to a search room in the customs arrival hall for a personal search and baggage examination. 7.From your handheld baggage was found the following:
8.You were arrested and cautioned. You admitted the white powder was ketamine. All the ketamine belonged to you and was for self-consumption. 9.The two straws were used to inhale ketamine. You said you bought three packets of ketamine from a manager of a bar in the Mainland for RMB300. 10.Subsequent analysis by the government chemist revealed the following:
11.You are a lady of clear record. Mr Lam entered mitigation on your behalf. He told me that you agreed with the contents of the antecedent statement, save that you wanted to amend that after leaving school, you had attended university but only for a year. Also, you had worked as a merchandiser in your brother’s business. You are 28 years of age. 12.Mr Lam acknowledged that the offence fell within the tariff of 4 to 6 years’ immediate imprisonment. Given the quantity of ketamine involved, it should be towards the lower end of that scale. 13.He emphasised your plea of guilty at the first available opportunity and your clear record. He confirmed that you brought the drugs to Hong Kong as a user in the Mainland. They were for self-consumption. He told me that you came as a tourist to visit friends and that you were recovering from a broken relationship. He urged me to be as lenient as possible. 14.I turn now to the sentence. 15.Trafficking in dangerous drugs is always serious. It is serious to bring drugs into Hong Kong. 16.I do accept that those drugs were for self-consumption. I note your clear record and that, from the time of your arrest, you were entirely co-operative. The amount of ketamine involved is just under 13 grammes. 17.Taking all matters into account, I intend to take the very lowest end of the scale. 18.I take as a starting point 4 years’ imprisonment - that is 48 months - reduced to 32 months for your plea of guilty; you will go to prison for 32 months.
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