HKSAR v. Suen Chiu Fan

HCCC 375/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 375 OF 2014

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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 dangerous drugs, the dangerous drugs being 0.23 kilogrammes of powder containing 0.20 kilogrammes of ketamine.

Briefly, the facts are as follows. On 17 April last, police officers intercepted you at Tsing Hoi Circuit, Tuen Mun, at about 9.59 pm. You were holding a bag, and in that bag they found a plastic bag with suspected dangerous drugs and electronic scales. After caution you replied:

“It’s K Chai, Ah B gave it me, told me to take it home and divide it into packets of 14 grammes and then return it to Ah B.”

You were asked about the scales, and you replied:

“Ah Sir, Ah B gave it to me, told me to weigh the K Chai with the scales.”

You were then formally arrested and further cautioned, and replied:

“Ah Sir, it is only because I have been jobless recently that I took some K Chai to do it. Give me a chance, please.”

Later analysis showed the dangerous drugs to be 0.23 kilogrammes of powder containing 0.20 kilogrammes of ketamine. In a later video-recorded interview under caution you confirmed your admissions at the scene, you also admitted you were to receive $700 for the trafficking. You also went on to say that you had taken K Chai when young, but you were no longer addicted.

The street value of the dangerous drugs was estimated at some $27,140.

You admitted to two previous convictions, one of which was related to drugs. I note and accept as your counsel pointed out that this is your first offence involving trafficking.

Mr Lam, on your behalf, confirmed the accuracy of the antecedents statement. The following facts were revealed. You are 26 years of age, educated to Form 3 with a vocational training qualification. You had various jobs, but at the time of the offence you were unemployed for about two months. I note that you suffer from asthma and require regular treatment. You are single and reside with your parents and younger brother.

Mr Lam indicated to me that your parents are present today in court to offer their support. He pointed out that you had been very cooperative with the police both at the scene of the arrest and also in the video-recorded interview, and I accept that. You also entered your plea of guilty at the first available opportunity thereby expressing your remorse for what you have done.

The quantity of drugs falls within the range of 6 to 9 years’ imprisonment starting point. You are a young man with a relatively light record. I accept the mitigation advanced regarding your cooperation and remorse.

In this case I take a starting point of 7½ years, reduced to 5 years for your plea of guilty.

You will go to prison for 5 years.