HKSAR v. CHUNG KWOK HUNG

DCCC155/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 155 OF 2010

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Reasons for Sentence

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1.  Chung Kwok-hung, you have been convicted on your own plea of trafficking in 22.64 grammes of a powder containing 18.80 grammes of ketamine. The offence took place just before 11 pm on 15 December last year. You were searched by the police as you were approaching an Internet café in Un Chau Street. The ketamine, which is the subject of the charge, was found in a bag underneath your belt. You told the police that you had been promised $300 as a reward for delivering the drugs to the Internet café.

2.  I have listened to all that has been said on your behalf by Mr Lee and the letters that have been written to the court by you and your father.  I hope you are sincere when you say that you regret what you did that night.  The fact remains that when you committed this offence, you were an adult of 23 years of age.  You would have been aware that if you were apprehended, very serious consequences would follow.  Nevertheless, you decided to take the risk, and now you must accept the consequences. 

3.  I am sure you would have been told by your counsel that the usual starting point for those who traffic in this quantity of ketamine is a sentence of between 4 and 6 years’ imprisonment.  In this case, I see no reason to depart from those guidelines.  I adopt a starting point of 4 and a half years’ imprisonment.  You cannot claim in mitigation that you are a person of previous good character.  You have been before the courts on two occasions previously, one of which was for possession of dangerous drugs although I do note that that conviction was six years ago.

4.  The only real mitigation in your case is your plea of guilty, and for that, you are entitled to the usual discount of one-third.  I accordingly sentence you to 3 years’ imprisonment.