HKSAR v. CHAN FAN HO

DCCC1418/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1418 OF 2009

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Reasons for Sentence

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1.  The defendant has pleaded guilty to two charge of trafficking in dangerous drugs. The offences were committed at the same time and at the same venue. The offences took place on 1 November 2009 at premises known as the Touch Bar which is on the 2nd Floor of the BCC Building in Carnarvon Road, Tsim Sha Tsui. The 1st charge involved trafficking in 0.66 grammes of ketamine and the 2nd charge involved trafficking in four tablets containing a total of 0.02 grammes of nimetazepam, 1.08 grammes of cocaine and 6.78 grammes of ketamine.

2.  The facts admitted by the defendant are that at 1 o’clock in the morning on 1 November 2009 an undercover police officer posed as a member of the public and visited the Touch Bar. He was approached at 2.40 am by the defendant who said “Today’s Halloween, do you want something to play with?” The undercover officer asked the defendant to clarify what he meant and the defendant told the officer that he could provide him with both ketamine and cocaine at $200 and $500 respectively. The officer gave the defendant two marked $100 notes for the ketamine. Shortly afterwards, the defendant returned and handed a packet of ketamine, the subject of charge 1, to the defendant.

3.  The undercover officer alerted other police officers to what had taken place. A short time later, police attended the bar for a licence check. The undercover officer informed two of the officers that the defendant had just left the bar via the rear exit. The officers left the premises and located the defendant on the 5th floor staircase of the building and he was later identified by the undercover officer as being the person who had sold him the ketamine.

4.  The defendant was arrested and cautioned and in relation to the 1st charge he admitted that he sold the packet of ketamine for a profit. The defendant was further searched and the drugs, the subject of the 2nd charge, were recovered in the right pocket of his jacket and again he was cautioned by the officers and admitted that he intended to sell the drugs in order to earn quick money.

5.  In the defendant’s possession a piece of paper was located and apparently this was a record of his drug trafficking proceeds which indicated that $4,000 was the cash proceeds of the sale of the dangerous drugs that he had made.

6.  The defendant does not have a clear record. He has had three previous court appearances. One of those is for a drugs-related offence and that was in March of 2009 when for possession of dangerous drugs he was ordered to serve a period in a Drug Addiction Treatment Centre.

7.  I am told in mitigation that the defendant is 22 years of age, he was born on the mainland and he was educated to Form 2 standard. Prior to his arrest, he was working as a transportation worker earning some $8,000 to $9,000 a month, that was employment on a casual basis. He lives with his parents and younger brother. Unfortunately his father has suffered from ill health and is unable to work and a medical report has been submitted to support that contention. I am told that his younger brother also works as a transportation worker earning some $7,000 per month and his mother is also in employment. I am told that the reason for the commission of the offence was because of the financial needs of the family. Prior to his current employment, the defendant was out of work, his father was unable to work and there were mortgage payments to be met as well as the medical expenses for the father. He was approached by drug traffickers who encouraged him to earn some quick money by selling drugs.

8.  I have been told that now the defendant is very remorseful for his involvement in these matters. It was urged upon me in mitigation that the defendant has been co-operative, not only in his guilty plea today but he was co-operative with the police when he was arrested and immediately admitted both offences. A letter has been submitted to the court written by the defendant’s mother asking for the court to deal with the defendant as leniently as possible.

9.  The defendant has a previous conviction for drugs, so he no doubt knows the usual tariff for sentences of this type. In respect of the 1st offence of trafficking, I note that it occurs in a bar in Carnarvon Road. I propose in respect of that offence to take a starting point of 2½ years’ imprisonment and reduce that by one-third to reflect the guilty plea. The sentence for that offence will be 20 months’ imprisonment.

10.  The 2nd offence involved a variety of drugs including cocaine and ketamine. In respect of that offence I take a starting point of 3 years and reduce that by one-third to reflect the guilty plea.

11.  I have considered the question of totality. I have decided that 8 months of the second sentence shall run consecutive to the 20 months for the first sentence, making a total of 28 months’ imprisonment.