HKSAR v. HUI CHUNG SAN

DCCC734/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 734 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that on 18 May 2010 at the bus terminus at Kai Yip Estate, Ngau Tau Kok, Kowloon, you unlawfully trafficked in 24.31 grammes of a powder containing 18.89 grammes of ketamine, which is a dangerous drug.

3.  On the day in question, police officers were conducting an anti-dangerous drug operation at the Kai Yip Estate.

4.  At about 9.40 pm, they saw you acting furtively at the bus terminus, looking around anxiously.

5.  Due to your furtive behaviour, they intercepted you as they suspected that you were in possession of dangerous drugs.  Upon search, the officers found the drugs contained in two plastic bags in your right front trousers pocket. 

6.  You were arrested and cautioned.  You admitted that the powder was ketamine and that you were helping an unknown person, Ah Cheong, to deliver the ketamine for a reward of $200.

7.  The estimated market price of the drugs was $2,917.

8.  At the time of arrest you had in your possession $974.50 in cash.

9.  Mr Chong, your solicitor, has mitigated fully on your behalf today and I have taken into account all that he has had to say for you and the letters written by yourself, your family, that is your father particularly, and your girlfriend.

10.  You are 21 years of age and are of clear record.  Prior to your arrest, you were a waiter. However, before your arrest you had become unemployed as a result of the restaurant being wound-up, and as Mr Chong has said on your behalf, that out of a moment of greed you decided to help an unknown person by the name of Ah Cheong to deliver this ketamine for some $200 as a reward.

11.  Much has been said on your behalf by your family and your girlfriend.  They all have a very high opinion of you, saying that you are a filial son and boyfriend.  This was your first brush with the law.  They have all asked for the court to be as lenient as possible.

12.  I am sure that you have been advised by Mr Chong that as regards trafficking in drugs offences, the Court of Appeal have laid down tariffs.  Youth or a clear record or illness is no exception to provide a lenient sentence.

13.  The guidelines for ketamine are clearly set out in Secretary for Justice v Hii Siew Cheng.

14.  The drugs involved in this case are 18.89 grammes of ketamine.  That amount of drugs would fall within the third bracket of between 10 to 50 grammes, of which a starting point is 4 to 6 years’ imprisonment.  The fact is that even for first offenders these prison terms reflect the very seriousness of this offence of trafficking in dangerous drugs. 

15.  As you well-know now, earning quick, easy money is a route to all evils. 

16.  As Mr Chong had said at the outset of his mitigation, this is another one of these cases which is a very sad case, that youngsters like yourself with clear records, otherwise unblemished characters, are led by dubious peers to commit these very serious offences to earn fast, quick money.  They unfortunately prey on people like yourself.

17.  You have certainly let yourself down, and your family, who are all here today and are very supportive of you.  Clearly you are very remorseful for your misdeeds and you admitted your guilt at the very first opportunity.

18.  Given the amount of drugs involved, your clear record, your age of 21, I consider an appropriate starting point had I convicted you after trial, to be one of 4 years’ imprisonment.

19.  However, as you have pleaded guilty I give you full credit for your plea, and I shall reduce that term to one to 2 years 8 months’ imprisonment, to which you are so sentenced.