HKSAR v. Ling Kwun Shing
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DCCC253/2012 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO. 253 OF 2012 ----------------------
------------------------- Reasons for Sentence ------------------------- 1.Defendant, you pleaded guilty to one offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, to one offence of possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the same ordinance and to one offence of possession of Part I poison, contrary to sections 23(1), 33(1) and 34 of the Pharmacy and Poisons Ordinance, Cap.138. You admitted the Brief Facts and I convicted you on those facts. 2.What occurred is as follows. You lived in Room 2316, Chung Chak House, Tin Chung Court, Tin Shui Wai. Officers, including PC2995 (PW1) and PC5269, laid ambushed outside your flat on 11 January 2012. At about 1402 hours you were seen leaving the flat. You were stopped and searched. PW1 found the following:
3.Under caution, you said, “Ah sir, the ‘K Chai’ is for my own consumption.” 4.At 1410 hours police entered and searched your flat under the authority of a search warrant. Your locked bedroom was entered using keys found in your possession. The following items were found:
5.Under caution, you said, “Ah sir, I only earn a few thousand dollars a month and could not uphold my family, so I sell little dangerous drugs to ease my household expenses. Give me a chance.” 6.In a subsequent video recorded interview under caution, you said:
7.Government analysis subsequently confirmed the drug content referred to above. 8.The estimated street value of the drugs seized was $6,270. 9.You possessed Exhibits 1 to 3 for the purpose of trafficking. 10.You admitted to four previous convictions on three occasions and one breach of a court order. One of the previous convictions was drug-related but not of a trafficking nature. 11.Mr Ng entered mitigation on your behalf. He told me that you are 20 years of age, single and you live with your parents at the address in the charge. You had had a disrupted childhood, your parents were divorced when you were 4 years of age, this had led to your removal to the mainland where you had been brought up by relatives. You returned to Hong Kong at some stage and it seemed to be when you were 13 or 14 and then resided with your father, your stepmother and presumably stepsiblings. However, domestic matters became even more complicated as when you were 20, your stepmother left the family home and your natural mother returned. 12.Your father is 65 years of age and was employed as a security guard. Your mother is unemployed. You tell us later in a letter that your mother is in poor health. You yourself worked as a decoration worker, earning some $8,500 per month. You had to provide all the family finances. The offences themselves occurred because of financial pressure and your own addiction to dangerous drugs. The ketamine was to be sold but you yourself would have consumed some 5 or 6 grammes of the amount. The “Ice” was for your own consumption. 13.Mr Ng produced to the court three letters from you yourself, your stepsister and your father. The contents were read by Mr Ng and I took them fully into account when sentencing. 14.Finally, Mr Ng stressed your plea of guilty, asked me for leniency and made the point that the offences all occurred on the same occasion. 15.I turn now to the sentence. Trafficking in dangerous drugs is a serious and reprehensible offence. I note that you have a fairly light record but there is one previous for a drug-related matter. In truth, the only real and substantial mitigation is your plea of guilty. However, I do note and take into account that a small part of the ketamine is for self-consumption. The possession of the “Ice” related to are not in substantial amount being some 3½ grammes. The possession of the Part I poison was, in my opinion, a relatively minor matter. 16.In respect of the trafficking in dangerous drugs related to ketamine, I applied the usual term. I will first set the sentences in respect of each charge and then explain how they are to be served. 17.In respect of Charge 1, I took a starting point of 4½ years, reduced to 3 years for your plea of guilty. In respect of Charge 2, I took as a starting point 18 months’ imprisonment, reduced to 12 months for your plea of guilty. In respect of Charge 3, a starting point of 3 months, reduced to 2 months for your plea of guilty. 18.Taking into account the total situation and applying the principle of totality, the sentences will be served in the following way: 3 years’ imprisonment in respect of Charge 1; 12 months’ imprisonment in respect of Charge 2, 3 months will be served consecutively to that of the 1st sentence and 9 months concurrently; the 2 months in respect of Charge 3 will be wholly concurrent. The total, therefore, is 3 years and 3 months.
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