HKSAR v. Yu Wing Cheong

DCCC 18/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 18 OF 2013

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Reasons for Sentence

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1.Defendant, you pleaded guilty to one offence of trafficking in dangerous drugs. That is contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. You admitted the Brief Facts and I convicted you.

2.The facts were that on the evening of 4 November, at about 8.36 pm, PW1, who is PC6328, noticed a taxi had stopped near the vehicle access of Tin Lok House, Shun Tin Estate for about two minutes. Being suspicious, he walked towards the taxi.  He saw you sitting in the rear passenger seat and you kept looking out the taxi windows nervously and putting your left hand in and out of your jacket several times. 

3.At about 8.38 pm, he intercepted the taxi with other team members.  He conducted a body search on you.  A coloured plastic bag was found in the right inner pocket of your jacket with the following items inside, and the contents were subsequently confirmed by a government chemist:

(1) seven transparent resealable plastic bags each containing one plastic bag containing a total of 93.82 grammes of powder containing 77.90 grammes of ketamine (Exhibit 1);

(2) one transparent resealable plastic bag with five transparent resealable plastic bags inside, each containing one transparent plastic bag containing a total of 14.01 grammes of powder containing 11.18 grammes of ketamine (Exhibit 2);

(3) a transparent resealable plastic bag with five transparent resealable plastic bags inside, each containing one transparent plastic bag containing a total of 14.03 grammes of powder containing 11.80 grammes of ketamine (Exhibit 3);

(4) one transparent resealable plastic bag with five transparent resealable plastic bags inside, each containing one transparent plastic bag containing a total of 13.96 grammes of powder containing 11.77 grammes of ketamine (Exhibit 4).

4.The total drug seized from you was 135.82 grammes of powder containing 112.65 grammes of ketamine.

5.At 8.40 pm, PW1 arrested you for possession of dangerous drugs.  Under caution, you said you delivered the drugs for Ah Ben for a reward of $3,000.  PW1 then arrested you again for trafficking in dangerous drugs.  Under caution, you asked for a chance.

6.At the time of your arrest, you had with you HK$2,806 and 20 yuan.  You also had two mobile phones.

7.The street value of the drugs in total is some $16,162.58.  The drugs were possessed for trafficking.

8.You are a man of hitherto clear record.  On your behalf, Miss Ng entered mitigation.  She emphasised your clear record and relative youth, being only 20 years old.  She told me that at the time of the offence, you had become unemployed, having lost your job as a cook for which you were paid approximately $9,500 per month.  She said you came from a family of relatively modest means who had been very supportive during the present matters and your sister was in fact here in court today.  You claimed that this was the first time you had been involved in this sort of offence, that you had succumbed to the offer of easy money.  You were to receive some $3,000 for delivery of the drugs.

9.She provided me with a letter which you had written.  That was not translated.  The gist of that letter was that you were extremely remorseful for what you had done.  You were resolved to stay away from dangerous drugs in the future and appreciated the support of your family. She told me that you intended to complete your secondary education.  Your intention was to seek a job as a cook on release. 

10.Miss Ng accepted that given the amount of ketamine involved in this case, the starting point was 6 to 9 years, and that for this quantity which is just over 112 grammes, it should attract a starting point of between 6 and 7 years.  Emphasising your clear record and your relative youth, she asked me to take a starting point of 6 years.  She referred me to the case of Secretary for Justice v Lau Shing Kit, Court of Appeal Crim App No 8 of 2011. 

11.I turn now to the sentence.  This is a standard, run‑of-the-mill trafficking in dangerous drugs involving 112 grammes of ketamine.  Miss Ng is quite correct that the tariff is between 6 to 9 years’ imprisonment.  In this case, there is no extraordinary or special mitigation advanced.  It goes without saying that the offence of trafficking is a very serious offence indeed. 

12.There are certain points in your favour.  I pointed to your clear record and your relative youth.  I also note the reason you committed the offence was relative poverty; also that on arrest, you were extremely co-operative with the police, and you have enjoyed the support of your family.  I will be as lenient as I possibly can, consistent with my public duty.

13.I take a slightly reduced starting point from that which I would normally have taken.  In my opinion, the usual starting point would be 7 years’ imprisonment.  However, for the factors I have mentioned, I take a starting point of 6 and a half years.  That is 78 months’ imprisonment.  Your plea of guilty entitles you to a one-third discount.  Therefore, you will go to prison for 4 years and 4 months.  That is 52 months.