CRIMINAL CASE NO. 290 OF 2011
COURT: Chan Wai-yu, you have been committed to this court for sentence following your plea of guilty in the Magistrates' Court to an offence of trafficking in 0.97 kilograms of a mixture of debris and powder containing 0.78 kilograms of ketamine. The offence took place on 14 April this year, at the junction of Praya Street and Tung Wan Road, in Cheung Chau, where you come from.
You were seen acting suspiciously at the ferry pier and were approached by a police officer. Your reaction was to try to escape. The officer attempted to control you by holding you to the ground but you put up a struggle and had to be subdued by a group of officers.
During the course of the struggle the police saw that you had a plastic bag containing what appeared to be white powder strapped to your body. Intentionally or accidentally you caused that bag to break scattering its contents onto the ground. The powder was swept up from the ground and it appears that what was swept up included debris. That would appear to be the reason for the reference to debris in the charge.
What is important is the drug content of the bag. That was 0.78 kilograms of ketamine. This was a substantial quantity of ketamine. It would have had a street value of over $100,000 if it had been sold on the streets of Hong Kong. I have been told by Mr Boyton that you had been persuaded to deliver the drugs from Langham Place in Mongkok to someone who would collect the drugs from you in Cheung Chau.
You were not a young man at the time you committed this offence. You were already 29 and would have been in no doubt of the gravity of the offence you were committing. I assume that it is for that reason you put up such strong resistance when the police attempted to apprehend you.
As I am sure Mr Boyton will have told you, the normal starting point for those who traffic in between 0.6 and 1 kilogram of ketamine is between 12 and 14 years’ imprisonment. In your case, 0.78 kilograms was involved. I bear in mind that this is the first time you have been convicted for trafficking in a dangerous drug. I also bear in mind that this is the first time you will have been sentenced to an immediate term of imprisonment.
In the circumstances of this case, I consider the appropriate starting point is one of 12½ years’ imprisonment. I have listened to all that Mr Boyton has said on your behalf. I have also read the very moving letters from your family members which have been given to me. It is clear that you come from a very supportive family, many of whom have come to court today. It is also clear that this offence has caused them great distress, particularly your mother.
With an offence of this gravity the only real mitigation is your plea of guilty at an early stage and for that you are entitled to the usual discount of one-third. I accordingly sentence you to 8 years 4 months’ imprisonment.