HKSAR v. Ng Cheuk Kit

Case No.HCCC 149/2014
Court
High Court CFI
Date24 Jun 2014
Judge
Case Document
100%

HCCC 149/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 149 OF 2014

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  HKSAR  
  v  
  NG Cheuk-kit  

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Before: Deputy High Court Judge Tallentire
Date: 24 June 2014 at 9.50 am
Present: Mr Lenny Cheng, PP of the Department of Justice, for HKSAR
  Mr Wong Hay-yiu, instructed by the Legal Aid Department, for the accused
Offence: Trafficking in a dangerous drug (販運危險藥物)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to a single offence of trafficking in drugs, namely 2.92 kilogrammes of powder containing 2.35 kilogrammesof ketamine. The street value of the dangerous drugs involved is just over $350,000.

The facts could not be simpler. On 6 November last year police were on duty in Lau Fou Shan, Tin Shui Wai. Just after 6 pm on Deep Water Bay Road you were seen to alight from your car, enter into a footpath and returned holding bag.

Subsequently your car was intercepted and the dangerous drugs in 12 packets were found on the floor of the car.

You made an immediate confession. You admitted delivering the dangerous drug to another person for $2,000 and knowing it to be ketamine. The car belonged to you.

You admitted to 20 previous convictions on seven occasions, two of which involved dangerous drugs, but I do note that this is the first conviction that you have for actually trafficking in dangerous drugs.

You are 32 years of age, educated to Form 3, single and residing with your parents. However, you do have a three‑year-old daughter by a former girlfriend, and I understand that for sometime you have been unemployed.

I have noted the letters of support produced by Mr Wong on your behalf. I note also that you were very cooperative with the police on arrest and you entered your plea of guilty at the first available opportunity.

I am told that you committed this offence because of the debts that you owed. You enjoy the support of your family, and there are members of your family here today. It is clear, whilst your role was an important one in the trafficking of drugs it was merely as a courier.

Mr Wong has referred me to authorities on sentence. That is extremely helpful. Perhaps one of the leading cases that is the case of Sin Chung Kin CACC 458/2011. Whilst I am told that the case does not lay down a tariff, a period of 18 years to 20 years is suggested for trafficking in 2,000 to 3,000 grammes of ketamine.

This case involves, as we know, as an amount of just over 2 kilogrammes.

However, I do take into account that this is your first conviction for trafficking in dangerous drugs, that you were extremely cooperative with the police, and that the role you played was relatively minor.

I do also note that you do have the support of your family, I am therefore going to be lenient as I possibly can given the serious nature of this offence. I take as a starting point 16-and-a-half years, reduced to 11 years. You will go to prison for 11 years.