The facts admitted show that the accused, both of them, were sitting in a taxi in the back seat and, subsequently, a male boarded the front passenger seat of the taxi and the taxi then proceeded to Lei Yue Mun Road and the taxi then stopped outside Shuk Mei House. When the police approached the taxi, the front passenger seat person had left and the police then approached the 2nd accused who was holding a black rucksack in his arms, sitting next to the 1st accused. Inside the rucksack was found two plastic bags containing the drugs which are the subject of the charge.
Under caution, the 2nd accused admitted that he was helping someone to deliver the 'K Chai' to other people. The 1st accused also said similar under caution.
When interviewed on video, the 1st accused said he and the 2nd accused came to know a person called Lok Gor in an amusement centre. Subsequently, this person telephoned them, told them to pick up a plastic bag and then deliver it. After collecting the bag, this person Lok Gor told them to call a taxi and go to Yau Tong Plaza whereupon a male then boarded the taxi. The 1st accused said that the reward was to be $400. The 2nd accused confirmed a similar event but said that the reward would be in the region of $1,200.
The value of the drugs seized was $60,500.
Both accused have pleaded guilty and are aged 16. It is unfortunate that both of them have got previous convictions, although they were relatively minor offences and not of similar nature. The 1st accused was convicted of theft in 2012 and given a probation. The 2nd accused had, in September 2013, been convicted of wounding, or inflicting grievous bodily harm, a section 19 offence, and given probation.
At the request of counsel, I agreed to call for a probation officer’s background report on both defendants. Both accused come from a simple background but it is clear that their families loved them. Unfortunately, insufficient parental supervision during their growing years, and perhaps due to the love of the parents, the discipline was not forthcoming during their growing years. But neither of them took advantage of the schooling provided to them and instead then resorted to playing games and hung around with dubious peers. So both of them, out of greed and laziness, wanted to make quick money and therefore have ended up behind bars.
Both counsel have mitigated on their behalf and said everything they could possibly say on their behalf. Both counsel have urged me to consider sending both accused to Training Centre, but it is, I consider, inappropriate in these circumstances.
It seems that drug traffickers now are using 16-year-old boys like the defendants to carry drugs for them. It is sad for Hong Kong that today is not the first time that 16-year-olds have come before me charged with trafficking in dangerous drugs, so a message does have to be sent out to the community at large that even if you are 16, the court will send the person to prison.
Coming back to these defendants, this will be an opportunity, if both defendants have convinced themselves that they should make better of themselves than to spend the rest of their lives in prison, then they should learn a trade whilst in prison and take advantage of this time in prison to study and learn a trade so that when they are released, they can lead a better life.
The sentencing guidelines laid down for ketamine is in the case of Hii Siew Cheng [2008] Vol 3, HKC page 323. The Court of Appeal has laid down that for trafficking in ketamine of between 50 to 300 grammes, a starting point sentence of 6 to 9 years’ imprisonment is appropriate.
In this case, the amount is 220 grammes which would call for a starting point of somewhere between 7½ to 8 years. I do take into account the young age of both accused and also that this will be the first serious offence where they will be given a long sentence and, therefore, I will adopt a starting point of 7 years.
Giving both defendants one-third off for their pleas of guilty and remorse, the sentence is reduced to 4 years and 8 months. I sentence both accused to 4 years and 8 months’ imprisonment.