HKSAR v. LAU YAT FEI

DCCC 20/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 20 OF 2014

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4 of the Dangerous Drugs Ordinance, Cap 134. The particulars are that on 3 November 2013, in Tsuen Wan, you unlawfully trafficked 92.42 grammes of a solid containing 74.63 grammes of ketamine.

2.  The facts of the case are very straightforward. At about 6 pm on 3 November, the police were on anti-dangerous-drugs operation.  The police spotted you sitting in the driver’s seat of a vehicle and approached the car.  You had attracted their attention by looking around and constantly checking his mobile phone.  A police officer opened the driver’s door, there being an element of surprise, and asked you to alight for investigation.

3.  Defendant, you were searched and in you front trouser pocket, a pink draw string bag was found.  In that bag, the police officer found five large transparent resealable plastic bags and nine smaller such bags, each containing ketamine.  You were arrested and under caution, you admitted that you had purchased the ketamine to resell.  Besides the drugs, the police found cash of nearly HK$10,000, RMB of $1,200-odd and three mobile phones with four SIM cards. 

4.  It is agreed that the estimated street value of the ketamine seized from the defendant is $11,460.

5.  You are not a man of clear record.  You have one previous conviction for possession of offensive weapon, a section 17 charge, for which you were sentenced to 3 days’ imprisonment in 2008.  And your other offence is a possession-of-dangerous-drugs offence where you were fined $2,000 in June 2012.

6.  I have heard the detailed mitigation put forward on your behalf.  You are a 25-year-old man who was brought up in a broken-family environment.  Your parents divorced when you were 7, and you have since then lived with your father.  Your father works as a security guard.  You have an elder brother but he lives with your mother, and I have been told since your parents divorced, you have had little contact with them. 

7.  You did not complete your education, having left school after Form 4.  Having left school, you worked in a number of jobs since you left school, including a delivery worker, a kitchen worker and were involved in computers.  Apparently, you have been unemployed since the end of 2012.

8.  Defence counsel has urged the court to consider a lenient approach as this is your first offence involving trafficking in dangerous drugs.

9.  There are guidelines where trafficking in dangerous drugs is concerned, and in the authority of the Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323, Court of Appeal found it appropriate where between 50 to 300 grammes of ketamine is trafficked, the appropriate starting point would be between 6 and 9 years’ imprisonment.  

10.  I have considered the facts of this case, of course the quantity of ketamine and the guidelines set out by the Court of Appeal.  I have also considered your plea today and the fact it is your first offence involving trafficking in dangerous drugs as well as all the mitigation put forward on your behalf. 

11.  After careful consideration of these factors, I will take a starting point of 6 years’ imprisonment.  You are entitled to a discount of one-third for your plea today.  After that discount, you are for this offence sentenced to 4 years’ imprisonment.  Do you understand that sentence?

DEFENDANT: I understand.