HKSAR v. WONG SIU CHEONG

HCCC265/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 265 OF 2009

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Reasons for the Sentence in the above Case

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COURT:  This defendant pleaded guilty at committal on 21 August 2009 to two charges of trafficking in a dangerous drug.  In each case the drug was ketamine.  In Charge 1 the quantity was 7.23 grammes of a powder containing 5.84 grammes of ketamine.  In Charge 2, the quantity was 231.31 grammes of a powder containing 178.16 grammes of ketamine.  The total narcotic quantity was thus 184 grammes. 

     Today before me the defendant confirmed those pleas and the facts that he admitted at committal.  Those facts show that he was stopped and searched after police observed him acting suspiciously at the ground floor of the estate where he lived.  Three plastic bags of ketamine, the subject of Charge 1, were found in his left sock.  Under caution, he admitted he wanted to sell the drugs for money. 

     The police executed a search warrant at his home.  In the bedroom wardrobe they found 18 packets of ketamine in a shoe box; these were the drugs referred to in Charge 2.  Under caution, the defendant admitted that he had kept the drugs to sell.  Later, in a video interview under caution, the defendant admitted that all the dangerous drugs were his; that he had bought them from a man whom he called “Ah Nam” for $15,000; that he was the only person who used the wardrobe and that he had not told anyone else about the dangerous drugs that were found there.  Analysis by the Government Chemist confirmed the mixture and narcotic quantities as set out in the charges.  The estimated value of the drugs at the time of their seizure was $28,147. 

     The defendant had one previous conviction for being a member of a triad society, for which he was sentenced to 9 months’ imprisonment in January of 2006.  His antecedents statement shows that he was born in Hong Kong, is aged 28 years, was educated in Hong Kong to Form 5 level and thereafter was employed variously as a property agent, a transport worker and a decoration worker.  He told the police he was unemployed at the time of his arrest.  He is single and lives with his mother and sister at Tai Hing Estate.  His father and younger sister lived elsewhere.  His parents, I am told by counsel, are divorced. 

     In mitigation I was told that the last job that the defendant had was a as real estate worker.  He became unemployed at about the time that his mother, who was working at a restaurant, also became unemployed.  Because he was in need of income he took on this work in dangerous drugs.  Counsel rightly pointed out that the only mitigation in this case is his early plea of guilty and his cooperation with the police.  I note that he admitted immediately that the drugs on his person were for sale and he did the same with the drugs at the flat. 

     I note that the defendant has a supportive family, and that his father has vowed, once the defendant is out of prison, to assist him.  Under the revised sentencing guidelines (post 6.6.08) for ketamine, [Secretary for Justice v Hii Siew Cheng/ Wong Yat Sun CAAR 2006] the total narcotic quantity of drug comes within the six to nine year range for sentence. 

     In respect of the quantity in Charge 1, I take a starting point of 2 years.  I discount it by one-third and sentence him to 16 months’ imprisonment.  On Charge 2, I take a starting point of 7 years and 6 months.  I discount it by one-third and sentence the defendant to 5 years’ imprisonment.  I consider totality and order that the sentences on Charges 1 and 2 run concurrently, so the total sentence is 5 years’ imprisonment.