COURT: The defendant had pleaded guilty to one count in trafficking in a dangerous drug, namely 1.93 kilograms of a powder containing 1.55 kilograms of ketamine.
On 7 November last year, the defendant was stopped outside the Kwun Tong Road public toilet and he was carrying the drugs, which is named in the indictment. These drugs were concealed inside iPhone 5S boxes and the defendant admitted under caution that he wanted to make quick money, and he was asked to take these drugs and deliver them and he would be rewarded $400 for each of the box.
He was altogether carrying eight such boxes so he would have expected a reward of about $3,000. The total value of the drugs is estimated to be about $233,530.
The defendant is aged 17 now, but he was aged 16 at the time of the offence and he has a clear record.
Now it pains this court to commit the defendant of such age to a long time in prison. But the defendant is not the first 16 year old that has come before this court on similar charges. Just this week alone, I sentenced another two 16 years olds for similar charges.
It is clear, therefore, that the drug traffickers are making use of teenagers, the 16 year olds, to carry drugs for them to test the firmness of the judiciary when it comes time to sentence. I hope that your case will bring some guidance to other 16 year olds in Hong Kong that if they take this risk they will be spending most of their youth in prison, and is it worth losing your freedom for a few thousand dollars.
The defendant in this case – as is often the case comes from a broken family though in fact he is a very lucky person. He has a family that loves him, an elder sister who cares very much for him. She had been supporting him throughout, and he also has many friends who recognise the good in him. From all the letters that I have seen, it is clear the defendant is a person who is admired and, in fact, looked up to by his friends, and the letters from his basketball coach and a counsellor at the Boys and Girls Club Association also testifies to his good personality.
It is unfortunate that the defendant chose this very lazy way to make quick money, and now he has to pay for that. I do accept that the defendant is remorseful from his letter to this court, and judging from all these letters, it is clear that the defendant was, indeed, naïve and foolish.
On the other hand, this court has to send a message to all other 16 year olds in Hong Kong that they cannot get away with this activity, this illegal activity, because ketamine is a very harmful drug and it is now very prevalent in Hong Kong and a lot of families are destroyed because their young children are taking ketamine.
A lot of these drugs are disseminated in places where young people gather, so the young people in Hong Kong have the duty to help the police to stop the dissemination of these drugs and not to help the drug traffickers.
As Miss Lam has pointed out, she recognises that trafficking in ketamine the guideline sentences have been laid down in the case of HKSAR v Hii Siew Cheng [2009] 1 HKLRD 1. And for trafficking in 1,000 grammes, the guideline sentence recommended is 14 years’ imprisonment and upwards. And as Miss Lam pointed out, I had sentenced someone for a similar amount of ketamine to a 15 years starting point imprisonment.
Now, in this case of the defendant, for this amount I would consider a starting point of between 14-and-a-half to 15 years. I do appreciate that the defendant has a clear record, is of a young age, and is remorseful.
I will, therefore, take a starting point of 14 years. And I will give the defendant the full one-third discount thus reducing the sentence to one of 9 years and 4 months. And perhaps with the support of your family and friends the defendant can make use of this time to study or even to better your sports activities and when you leave prison perhaps you can then pursue an occupation that will fit your interest.
So that is all I wish to say, please sit down.