HKSAR v. Tse Chi Kuen

DCCC 175/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 175 OF 2015

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Reasons for Sentence

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Charge and facts

1.D1 pleads guilty to trafficking in a dangerous drug.

2.On 23 December 2014, the police mounted an anti-narcotics operation in Mong Kok.  Near the junction of Mong Kok Road and Sai Yee Street, D1 was seen to receive some banknotes from a male (later known as “KWOK”).  In return, D1 put some white paper into the KWOK’s jacket pocket. The police approached them for enquiry. 

3.Upon search, the police found $11,302 in D1’s jacket pocket and a sock containing 14 resealable plastic bags with contents (ie 38.50 grammes of a powder containing 31.30 grammes of ketamine) in his rucksack.  After being arrested for trafficking in a dangerous drug and cautioned, D1 said that the ketamine was for his own consumption. 

4.In the body search at the police station, the police seized 2 mobile phones from D1. 

5.In a subsequent video-recorded interview under caution, D1 said that:

(1) he had paid $3,200 for the ketamine;

(2) it was for his own consumption;

(3) he might share it with friends for free;

(4) he had been unemployed for over a year;

(5) he had been living on his savings;

(6) the monthly rent of his residence was about $4,000;

(7) he had not sold ketamine to, or received money from, KWOK.

6.The estimated value of the drug seized was over $5,600. 

Mitigation

7.He is 37 years of age, single.  He was educated up to F. 2 level.  He had been a disc jockey for 12 years, earning $12,000 per month, and then a godown worker for 4 years, earning $9,000 per month.  He was unemployed at the time of arrest.  His father is a taxi-driver. His mother is a housewife.  He had borrowed $100,000 from the bank to renovate his parents’ home.  He had also to pay for the holiday shopping.  He had a theft record dated back to 22 years ago. 

Sentencing guidelines

8.The Court of Appeal has laid down sentencing guidelines for traffickers of ketamine in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1.  For 10 – 50 g of ketamine, the sentence shall be 4 – 6 years.

Sentencing this Defendant

9.I take 5 years and 6 months as the starting point.  Given his plea of guilty, I reduce it by one-third.  The sentence is 3 years and 8 months as he has no other mitigating factors.