HKSAR v. Lai Suk Yin

HCCC 506/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 506 OF 2014

-----------------

-----------------

---------------------------------

Transcript of the Audio Recording
of the Sentence in the above Case

---------------------------------

COURT: You have pleaded guilty and admitted to the facts of a single offence of trafficking in dangerous drugs. You did that before the Magistrates Court sitting at Eastern and confirm that plea today.

This matter involves 408.01 grammes of a powder containing 287.90 grammes of ketamine.

The facts are as follows. At around 1800 hours on 17 May of last year, police officers laid ambush near Kwai Tong House, Yau Tong Estate, Lei Yue Mun Road, Kwun Tong. They saw a male carrying a lunch box knock on the door of Room 1205. Another male answered the door and the officers intercepted two males. They entered those premises and searched the two males but nothing illegal was found.

The premises were then searched. Inside a bedroom was a glass bottle and straw later found to contain 23 ml of a liquid containing traces of methamphetamine. In a plastic drawer inside the living room, there was a glass bottle with a straw.

At 2000 hours you returned to the premises and were searched. Nothing illegal was found. However, the premises were searched in your presence and the following items were discovered:

(a) On a computer desk in bedroom 2, a plastic bottle with a straw later found to contain 2 millilitres of liquid with no narcotics; a plastic drawer containing a resealable plastic bag later found to contain 11.55 grammes of powder containing 9.36 grammes of ketamine; five spoons with a trace of ketamine and two plastic drawers containing empty resealable plastic bags.

(b) On the bed, a brown and blue box containing two resealable plastic bags containing 26 plastic bags containing 241.68 grammes of powder containing 164.80 grammes of ketamine; a further two resealable plastic bags containing 43.17 grammes of powder containing 36.83 grammes of ketamine; and an electronic scale and a paper box containing resealable plastic bags.

(c) On the floor was found a pink open-top box containing a resealable plastic bag containing eight plastic bags containing 107.65 grammes of powder containing 76.91 grammes of ketamine.

(d) On a shelf, a bottle containing 18 millilitres of liquid with traces of methamphetamine.

Arrested and cautioned, you said: “The 'K Chai' is for delivery to others. The 'Ice' bottles are for my own consumption of 'Ice'”. Two mobile phones and $112.30 were also seized.

In a later video-recorded interview, under caution, you said, amongst other things:

(a) You met a male called To Fu in a bar, you asked him for a job and gave your phone number.

(b) To Fu called you recently and offered you $3,000 per week to work in his house repacking dangerous drugs. You did not agree, you hesitated and he kept calling you to persuade you.

(c) On 5 March 2014, he called you again and you agreed as you were in need of money.

(d) You admitted all dangerous drugs seized were repacked by you using the paraphernalia seized.

(e) You admitted using the 'Ice' bottles for your own consumption.

The street value of the dangerous drugs was about $49,778.

You are of clear record hitherto. You accept your antecedent statement. That tells me you are 36, married, and, I understand, separated. You have two children. You are unemployed. You have taken 'Ice' since March of 2014. You have a son and daughter both at school. You do not know your husband’s occupation and I am told by Mr Chau that the husband has been missing from home for some time.

Mr Chau then, on your behalf, entered further mitigation. He told me that your two children are cared for by your parents,that your husband abandoned you in 2012 and you have had no contact with him since. He left behind gambling debts and you had to borrow money in order to try to repay these. You borrowed $500,000 from the Hang Seng Bank and $120,000 from Citibank. You are in receipt of CSSA to the tune of $5,400 per month; this is to pay rent and food. Being under financial pressure, you committed the present offences.

For the sake of completeness, Mr Chau tells me that you will be appearing shortly before the Magistrates Court and pleading guilty to an offence involving fraud. That is an offence for which you are likely to be going to prison.

As Mr Chau rightly says, this amount of ketamine falls within the range of 50 to 300 grammes which is in the range of 6 to 9 years’ starting point. This is indeed very close to the 300 cut-off point.

In all the circumstances, the only real mitigation presented is your early plea of guilty. I will take that into account.

I therefore take as a starting point 8½ years’ imprisonment. That will be reduced to 5 years and 8 months for your plea of guilty, that is 68 months.