HKSAR v. Hui Kam Kiu

DCCC 426/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 426 OF 2014

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Reasons for Sentence

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1.The defendant pleads guilty to one charge of trafficking in a dangerous drug.

2.On 8 February 2014 at around midnight, police officers noticed the defendant acting furtively and thus intercepted him outside Ground Floor, Shek Yat House High Block, Shek Lei (1) Estate.  Upon search, four transparent resealable plastic bags containing a total of 52.66 grammes of powder containing 41.79 grammes of ketamine were found in between the defendant’s belt and jeans.

3.Under caution, the defendant admitted that he intended to sell the ketamine for $1,000 as he was in need of money.  In a subsequent video-recorded interview the defendant stated that on 6 February 2014 he found some ketamine on the ground beside a bench.  He hid the ketamine in the bushes nearby.  On 7 February he returned to retrieve it.  He intended to sell it to youngsters for $1,000.  He was unemployed and needed money.  He was not a drug addict.

4.The market price of the ketamine seized is estimated at about $6,000.

5.Cash of $1,837.20 and two mobile phones were also found on the defendant.

6.The defendant has a clear record.  In mitigation, his solicitor, Mr Lo, told the court that the defendant is 38 years of age.  He is a decoration worker earning around $10,000 a month.  He is a divorced person, with two children.  His girlfriend is now five months pregnant.  The defendant therefore is in need of money to take care of his girlfriend.  Mr Lo asked the court to consider the clear record of the defendant and his remorse shown in his frank admission to the police at the time of arrest and his plea of guilty at the first opportunity.  A mitigation letter written by the defendant in which he expressed his remorse is submitted to the court.

7.Trafficking in dangerous drugs is a very serious offence.  The Court of Appeal has laid down sentencing guidelines.  There are no special circumstances in the present case to depart from the guideline. 

8.I find the defendant’s claim that he happened to find the drug in this case on the ground incredible, as the market price of it is estimated at about $6,000.  In any case, whether his claim is true or not has not much weight in the sentencing.  I will sentence him primarily on the quantity of the drugs.

9.In Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323, the Court of Appeal has laid down the guideline that for trafficking of ketamine from 10 to 50 grammes, the imprisonment term should be 4 to 6 years.  The drug in the present case is 41.79 grammes of ketamine.

10.Having considered the circumstances of the case and the personal background of the defendant, including his previous good character, I will take 5 years’ imprisonment as the starting point.  I cannot allow further reduction for his personal financial difficulty and the pregnancy of his girlfriend.  For his plea of guilty I will give him the full one‑third discount.  I cannot find any other mitigating factors in this case.

11.The defendant is therefore sentenced to 40 months’ imprisonment.