HKSAR v. LO HO HIN

 DCCC68/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 68 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single offence of trafficking in a dangerous drug, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. You admitted the brief facts, and I convicted you.

2.  The facts were as follows. At about 6.50 pm, police officers stopped you as you entered the Shatin Station Circuit, MTR. Upon search, two plastic bags were found in your left front trousers pocket and two plastic bags in your socks. The four bags contained suspected ketamine, so you were arrested and cautioned. You replied you were in need of money, so you took the K-chai to Shatin to another person for $1,200.

3.  Later, in a cautioned interview at the police station, you said that at 5 pm that day, Ah Hang asked you to get the four packets of ketamine at the flowerbeds of the bus terminus near Tsui Chuk Garden. You were to receive $1,200 by way of reward. Being unemployed and in need of money, you agreed. At 6 pm, you collected the four packets of ketamine and took a bus to Wong Tai Sin MTR, then a train to Shatin Station. You were told at about 7 pm a male would phone you to arrange to collect the four bags and give you $6,800. This was the first time you had helped Ah Hang. Subsequent analysis showed the bags to contain 53.35 grammes of powder containing 42.73 grammes of ketamine.

4.  You are a young man of hitherto clear record. I adjourned the case for a probation officer’s background report which is now before me. That report is very comprehensive and helpful. It is very supportive of much that Mr Cheung said on your behalf on the last occasion. I have taken the contents of that report fully into consideration when deciding sentence. Generally, it is a positive report. Mr Cheung tells me that, apart from one or two minor facts, you accept that report as it stands.

5.  On your behalf, Mr Cheung entered mitigation on both the last occasion and today. You are 21 years of age, of hitherto clear record, and you are extremely remorseful for what you have done. Mr Cheung tells me that it is your intention to continue your studies whilst in prison in the hope of obtaining a decent job upon release. Your family and your girlfriend are here to lend their support. As I said, much of what Mr Cheung put before me on the last occasion is confirmed by the report, especially the reason why this offence took place. That was the loss of your wallet, including documentation, and also because you had fallen in with bad company.

6.  I note that at the time of your arrest you were extremely cooperative with the police. You were honest and straightforward. In sentencing you, I took into account your relative youth, your clear record, the facts and nature of the case and, of course, the contents of the probation officer’s report. I have also considered the letters that were put before me.

7.  Trafficking in dangerous drugs is a very serious matter. Even though your part was that of a courier, it is an essential part in the delivery of drugs. The amount of ketamine involved in this case is on the high side. I am sure that Mr Cheung has advised you that the tariff is some four to six years imprisonment. I do have some sympathy with you. It is a shame to see a young man like you in this position.

8.  Therefore, what I am going to do is I am going to adopt a starting point within the tariff but towards the lower end in the hope that this will be the last time that you appear before the courts. The amount calls for a starting point approaching six years. However, I do take a starting point in this case of some 4½ years reduced to three for your plea of guilty. You will go to prison for three years.

9.  Finally, I thank counsel for their assistance in this case.