HKSAR v. LI KA HEI

DCCC565/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 565 OF 2012

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

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

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

Reasons for Sentence

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

1.  Defendant, you have pleaded guilty before me to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) & (3) of the Dangerous Drugs Ordinance. The amount of drugs that you admitted that you trafficked in was 137.79 grammes of a powder containing 90.07 grammes of ketamine.

2.  On 2 May 2012, a party of police officers entered the premises, which was your home, in Tsz Hong Estate in Tsz Wan Shan at about 6.00 pm.  Your mother had opened the door for them, and when the police entered they saw you sitting in the living room. However, immediately upon you seeing the party of police officers you immediately ran into a bedroom.  You were followed by a police officer who then saw you in the bedroom holding a green paper bag which you attempted to throw out of the window.  You were, however, prevented from throwing it out of the window and the green paper bag was seized from you.

3.  Inside the bag were the drugs contained in 11 plastic bags.  Upon arrest and caution for trafficking in a dangerous drug you replied, under caution, “Ah Sir, the ketamine is mine.  It has nothing to do with my family.”  The flat was searched and an electronic scale, a spoon and 88 empty resealable plastic bags were seized. 

4.  Mr Steven Lau, your counsel, has mitigated fully and thoroughly on your behalf, and I have taken into account what he has had to say in mitigation on your behalf.

5.  You have two previous convictions, all similar to that of trafficking in dangerous drugs.  The first one was in June 2007, to which you were sentenced to 18 months’ probation in the magistracy, and the second one and the last was in July 2010, to which you were sentenced in the High Court to 18 months' imprisonment. 

6.  In that High Court case you had pleaded guilty to trafficking in 1.5 grammes of ketamine and were originally jointly charged with another defendant for a larger amount of trafficking in ketamine and Ecstasy, but that offence was not proceeded with.  The drugs involved in that offence is the same as in this offence, that is ketamine. 

7.  The court there and as I do now, followed the sentencing guideline in the Secretary of Justice v Hii Siew Cheng. 

8.  Mr Lau has informed me that you are well aware that in view of the amount of drugs involved, that you are looking at a fairly lengthy term of imprisonment.  Mr Lau correctly points out that the major mitigating factor in your case is your guilty plea. 

9.  Based on the amount of drugs that you had for trafficking and following the guidelines, the appropriate starting point is one of 6 years 3 months’ imprisonment.  However, giving you full credit for your plea of guilty that term shall be reduced to one of 4 years 2 months’ imprisonment to which you shall be so sentenced.

10.  Defendant, you are a young man aged 21.  Even before age 21 you spent a considerable time of your young life in prison.  You’ll be spending the prime of your life also behind bars.  You are a healthy man.  You have the support of your family.  You were gainfully employed when you committed this offence. 

11.  You have told me, through Mr Lau, that you will not be committing this offence any more in future.  I sincerely hope you keep to your word.  You do not want to be spending any more of your life in prison.  You will have much time to reflect.  I do hope that you will do everything you can to turn your life around and lead a law abiding life and constructive life at your very young age.  I have no doubt that your offences so far have disappointed and upset the relatives and people close to you.  You might find that at the time you were committing this offence you were moved by greed and money, but quick easy money almost always leads you to wrongdoing.  In the end this is what it all ends up to.  You will have to spend a long time in prison.