HKSAR v. LAM WAN HOI

DCCC355/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 355 OF 2011

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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 31 January 2011 at the Customs Arrival Hall, Lo Wu Control Point, Lo Wu, New Territories, Hong Kong, you unlawfully trafficked in a dangerous drug, namely 12.65 grammes of a powder containing 7.4 grammes of ketamine.

3.  The facts can simply put is that on 31 January, at about 9.23 am, you arrived from China to Hong Kong, and as you passed through the Customs control, you were brought aside for a search.  

4.  Upon search, the drugs were found inside the hood of your jacket.  There were two plastic bags of drugs, one of the bags containing 7.28 grammes of ketamine and the other 0.12 grammes of ketamine.  There was also a $20 banknote folded which contained 0.09 grammes of powder containing ketamine.

5.  You told the Customs officers that the drugs were for your own consumption.  You had told the Customs officers that you had purchased the drugs from a male named “Ah Keung” in Shenzhen for $1,000, that was the larger packet of drugs, and the trafficker also gave you the smaller packet of drugs as a gift.  You had then put some ketamine into the banknote for inhaling before you had returned to Hong Kong.

6.  The movement record kept by the Immigration Department showed that you had left Lo Wu that day at 18.19 pm and returned approximately an hour later when you were stopped by Customs.

7.  The prosecution accepted the drugs were for your own consumption. 

8.  Your counsel Mr Rocky Wong has made full and detailed mitigation on your behalf.

9.  You are aged 33 and of clear record.  You are married and are the sole breadwinner of your family as well as your extended family.  I have received letters from your wife and your previous employer and yourself.  The letters from your company show that you are a diligent and hard-working man.  Your wife says that you are a very family oriented, caring son and husband. 

10.  As for yourself, you have told me that because of the sadness caused by the passing of your mother and your father having a stroke and the stress and burden of looking after your extended family you resorted to taking drugs.  You have now realised how stupid you were when you came through Customs with the drugs and you feel very regretful and shameful for your breach of the law.

11.  As your counsel rightly points out, the appropriate guidelines for trafficking are set out. However the prosecution have accepted that the drugs were for your own consumption.  The starting point for trafficking where the drugs were for the defendant’s own consumption should reduced by 25 percent see SJ v Chan Chun Fai, CAAR11/2010, where the Court of Appeal has set out such a starting point.   

12.  Defendant, the normal starting point after trial for 7.45 grammes of ketamine falls in the second bracket of the case of SJ v Hii Siew Cheng, for drugs over 1 gramme to 10 grammes the sentence is between 2 to 4 years’ imprisonment. 

13.  Given the quantity of drugs that you had for trafficking, that is 7.4 grammes, I take a starting point of 3 years’ imprisonment.

14.  Defendant, discounting that starting point by 25 percent, because the drugs were for your own consumption, that means there should be a starting point then of 27 months’ imprisonment.  I also give you full credit for your plea of guilty and reduce that term by a further one-third, making your term of imprisonment, defendant, to be that of 18 months’ imprisonment.