COURT: The defendant had pleaded guilty at the committal stage to a count of trafficking in dangerous drugs. He was charged on the 18 February 2023, near Lamppost CD1302 in Fu Hang Road, Tuen Mun, trafficked 246 grammes of a solid containing 203 grammes of ketamine.
The facts are as follows. Around 9.20 pm on 18 February 2023, police officers were conducting an anti-crime patrol on Fu Hang Road, Tuen Mun, during which they spotted a taxi stopped near lamppost CD1302. At that time, defendant was the rear seat passenger and was looking around furtively. Police officer also observed that the defendant did not alight from the taxi after two minutes. Feeling suspicious, police approached the taxi and requested the defendant to alight from the taxi for a body search.
Upon a search, police officer found a black plastic bag tucked into the rear of the pair of trousers worn by the defendant which in turn contained a transparent resealable plastic bag containing another transparent resealable plastic bag. The bag contained 246 grammes of a solid containing 203 grammes of ketamine. The narcotic content was confirmed by the government chemist subsequently.
At about 9.25, defendant was arrested and cautioned for trafficking in dangerous drugs. In reply, the defendant said “Ah sir, the pack of ‘K Chai’ was for my own consumption. Give me a chance”.
Police also found from the defendant cash in the sum of 10,000-odd and two mobile phones.
Subsequent house search was conducted at your residence and no suspicious items were found.
In a subsequent video-recorded interview, you stated under caution that you knew the drugs was ketamine. You purchased the drugs for $3,000 and claimed that they were for your own consumption, but you could not remember the source of the supply of the drugs. You claimed that you would consume more than 10 grammes of ketamine daily. You said you were unemployed and your source of income was from your parents who would give you around 10,000 monthly. You got on the taxi on the street and was intended to travel to a barbecue site in Tuen Mun to meet your friend. The money found on you was the pocket money given to you by your mother.
In February 2023, the estimated street value of the ketamine seized was HK$111,000-odd.
By pleading guilty at the magistracy level, you admitted and accept that you were knowingly in possession of all the ketamine for the purpose of unlawful trafficking.
You are now 26. You were born in China. You came and settled in Hong Kong when you were very young. It was urged upon me that you do not have a very good and happy childhood. Your parents divorced. Be that as it may, I do not think that it is good explanation for committing the present offence. In particular, this is not the first occasion that you run into trouble with the authorities.
Back in 2018, for an offence of possession of dangerous drugs, you were placed on probation for 15 months. A chance was given to you on that occasion. However, you did not treasure the opportunity or the chance that was given to you, but committed a trafficking in dangerous drugs in breach of the probation order. And for the trafficking in dangerous drugs, you were sentenced to 14 months’ imprisonment. Other than that, you were also convicted of a common assault in 2020 and was jailed for 4 weeks.
I am of the view that you are old and mature enough to take responsibility for what you have done, especially in 2018 you were placed on probation and you had guidance from the probation officer.
For the amount of ketamine involved in this case, according to the tariff set down by the Court of Appeal, it falls in the bracket for 50 to 300 grammes, 6 to 9 years. The quantity of ketamine in the present case is one of 203 grammes, and for that quantity it falls within the bracket 6 to 9 years’ imprisonment.
There was no evidence before me to suggest that you are other than a courier. I will give you the benefit of the doubt and put you in the lowest end of the scale of culpability. I will therefore take an initial starting point of 7 years and 10 months.
There is an aggravating factor in that you have two previous drug convictions and one is for trafficking in dangerous drugs. And as I have already said, the trafficking in dangerous drugs was committed in breach of the probation order made for possession of dangerous drugs. In view of your record, I adopt a final starting point by enhancing the 7 years and 10 months by 5 months.
I have read the submission again and again and also the letter by your parents. I am afraid I cannot see any grounds for discounting the sentence except for your early plea. I will give you one-third discount for your early plea.
Again, I sentence you to a term of imprisonment for 5 years and 6 months.