COURT: The defendant pleads guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.
She was searched by Customs officers after entering Hong Kong at Lok Ma Chau Control Point. It was found that she carried in her bag eight resealable plastic bags containing drugs. She admitted that these were 'K Chai' and she was instructed to go to China to pick that up and to deliver them to Hong Kong and was promised a reward of $8,000.
Upon analysis, the total weight of the white powder in all the bags weighed 1.99 kilograms and the total of ketamine was 1.6 kilograms.
The defendant is now aged 40. By way of mitigation, counsel told me that the defendant used to be a diligent and helpful person and she has attended extra curricular activities to enrich herself. However, her life was shattered by a divorce back in 2009. Thereafter, she suffered from depression, laboured suicidal views and started to take drugs and that caused her to have a first conviction in October 2009 for possession of dangerous drugs for which she received a suspended sentence. She is now deeply remorseful for what she had done on this occasion and counsel urges the court to pass a lenient sentence on her.
In sentencing the defendant, I have taken into account the nature of the offence, the drugs involved, its quantity and the sentencing guideline. I have also taken into account the guilty plea and mitigation forwarded by counsel on her behalf.
According to the guideline case of Hii Siew Cheng, trafficking in over 1,000 grammes of ketamine attracts a starting point of 14 years and above. I refer to two cases which concern cross-border trafficking in ketamine. For the case of Tsui Chi Wah HCCC 14/2010, a starting point of 16 years was adopted for 1.69 kilograms of ketamine. In the second case, Ng Hon Keung, CACC 211/2011, the Court of Appeal approves of a starting point of 16 years for 1.7 kilograms of ketamine with cross-border elements.
The present case concerns 1.6 kilograms of ketamine, I adopt a starting point of 16 years and give her one-third discount for her plea. She is sentenced to 10 years and 8 months.