HKSAR v. Lam Kwun Wa

DCCC 808/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 808 OF 2014

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REASONS FOR SENTENCE

1.Lam Kwun Wa you have pleaded guilty to one charge of trafficking in 135.09 grammes of a powder containing 45.38 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary around 5:00 p.m. on the 16 July this year the police intercepted you outside the Ground Floor of the Pioneer Centre, No. 750 Nathan Road in Mongkok.  During a search the police found in your shoulder bag a white plastic bag inside which was ten plastic bags containing the ketamine.  The police also found HK$2,000 and two mobile phones. 

3.Under caution and in a subsequent video interview you admitted that because you were unemployed you were delivering the drugs for a person called “Ah Keung” in return for a reward of $1,000. 

4.In passing sentence I have carefully considered everything said on your behalf by Mr Chong.  I take into account you have a clear record.   

5.In Secretary for Justice v Hii Siew Cheng[2009] 1 HKLRD 1 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment.

6.Taking into account this is your first conviction for trafficking in drugs I agree with Mr Chong that the proper starting point after trial for 45.38 grammes of ketamine is 5 years and 6 months imprisonment. 

7.Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years and 8 months imprisonment.