HKSAR v. Mak Ka Faat

HCCC 479/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 479 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 pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section (4)(1)(a) and (3) of the Dangerous Drugs Ordinance.

You admitted that on 29 April 2014 at your home at Hang Chun House, Block 6, Cheung Hang Estate, Tsing Yi, you unlawfully trafficked in 0.20 kilogrammes of a powder containing 0.15 kilogrammes of ketamine.

On the day in question you were intercepted by police officers outside your residential block at about 3.30 pm. You were then taken back to your home where the officers conducted a search of your residence. Found inside a bedroom were 15 plastic bags of the drugs in question. You then arrested and under caution you said:

“These dangerous drugs ‘K Chai’ are all mine. Nothing to do with my family members. Give me a chance.”

In a video-recorded interview later you said under caution that you had purchased the ketamine intending to further sell the ketamine for about $800 per bag. The estimated retail value of the dangerous drugs at the time of seizure was $23,600.

You are 19 years of age and are of clear record. You are a 6th Form graduate. You live together with your mother at this residential address in Tsing Yi.

Mr Steve Chui, your counsel, has mitigated fully and thoroughly on your behalf and I have taken into account all that he has had to say. I have also taken into account the contents of the letters submitted to me by yourself and your mother.

You live with your mother who was divorced from your father in 2006. You had been working, earning some $11,500 per month as a storekeeper in a logistics company.

I am informed that approximately a year prior to this offence your mother had an injury at work which prevented her from working any further. You therefore felt the heavy burden of supporting both yourself and her together with the family expenses.

Due to the financial strain on you, you decided to commit this offence so that you could earn money to contribute to the family. This came as quick money. As you now understand, earning quick money tends to suggest an illegal way to earn money.

I see you are remorseful for your misdeeds as you entered a very early plea in the magistrates’ court when you were charged.

You are a young man aged 19 and of clear record. However, despite Mr Chui’s submissions that I give you credit for that, it is clear from the authorities that neither a clear record nor youth is a mitigating factor for this very serious offence of trafficking in a dangerous drug.

The tariff case laid down by the Court of Appeal for sentencing in trafficking in the dangerous drugs ketamine is set out in Secretary for Justice v Hii Siew Cheng. For the amount of drugs between 50 to 300 grammes, an appropriate starting point after trial would have been 6 to 9 years’ imprisonment.

Taking into account the facts of this case, and the amount of narcotics involved, defendant, had you been convicted after trial I would have taken a sentence of 6 years and 9 months’ imprisonment.

Giving you full credit for your plea of guilty, and the discount of one-third, that would result in a sentence of 4 years and 6 months’ imprisonment to which you shall so serve.