HKSAR v. Cheng Ka Shing

DCCC 1235/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1235 OF 2011

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Reasons for Sentence

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Charge and facts

1.The defendant pleads guilty to a charge of trafficking in a dangerous drug, namely 40.7 g of a powder containing 22.65 g of ketamine.  In the late morning on 5 September 2011, the police intercepted him riding a bicycle in Cheung Chau.  In his pocket was a lemon tea pack hollowed out to stow the said ketamine in 113 bags.  After arrest and caution, he admitted having received $200 for keeping the ketamine for someone pending retrieval.  

Sentencing guidelines

2.The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2007] 1 HKLRD 1 has stated that traffickers in ketamine of 10–50 g warrant 4–6 years’ imprisonment. 

Personal background and mitigation put forward

3.The Defendant is 24 years of age, F. 1 education level.  He lives with his family in Cheung Chau.  He has 1 previous record for theft.  He last worked as a casual delivery worker.  He has been a drug user since 2008.  He has 2 mitigating letters, one from his employer, one from himself. 

Sentencing this Defendant

4.Keeping drugs for someone shall pitch at the lower end of criminality.  I take 4 years as the starting point. I reduce it by one-third due to his plea of guilty.  There are no other mitigating factors.  His sentence is 2 years and 8 months.