COURT: Defendant, you have pleaded guilty to two charges of trafficking in a dangerous drug. Both charges were committed on 3 October 2013 at Chi Mei House, Choi Hung Estate. One was in the corridor of the 18th floor and one was in your premises located on the 18th floor.
In respect of the 1st charge, the police had carried out an observation at Chi Mei House. They observed a male going down the stairs to the 18th floor and had seen you exiting your premises. Money and a small bag were exchanged between you and the other male. At this point, the officers revealed their presence, to which both you and the other male ran off in different directions but both were apprehended.
Retrieved from the male’s hand was a small packet of drugs containing 3.98 grammes of a powder containing 3.11 grammes of ketamine. When you were searched, a $100 note was found in your trousers pocket.
Upon being cautioned, you said, “Ah Sir, Fat Chai is my friend so I sold him 100 bucks of fragrance”.
Under the authority of a search warrant, your premises were searched and 10 bags containing dangerous drugs were found. Eight were larger bags and two were smaller ones. The total of those drugs was 991.58 grammes of a powder containing 801.05 grammes of ketamine. Also found in the premises, in your bedroom, were two electronic scales, a metal spoon, two piles of plastic bags and a further bag containing traces of ketamine.
Upon being further cautioned, you said: “This box of fragrance, some is for self-consumption, some will be taken out for selling to friends”.
The estimated retail value of all the seized drugs was $123,449.
Mr Ken Ng, your counsel, has mitigated fully and thoroughly on your behalf. I have taken into account all that he has had to say. I have also taken into account the various references that have been submitted to this court as well as the letters written.
At the date of the commission of this offence, you were 18 years old and of clear record. You lived in those premises with your mother. You finished your education in 2011 and since then worked as a transportation worker until approximately the time you were arrested for this offence.
I can see from the various references and documents that you have submitted to court that, in your early years of schooling, you had been a successful and good student. You had, on a number of occasions, come first in class in visual arts and general education. You had also attended various programmes for voluntary work, serving the public. You attended Sea Cadet School and received an outstanding performance award. Very sadly, on your own admission, once you went further up in your school years, you started to mix with undesirable peers. Your schooling achievement therefore dropped and you eventually left school.
It is, I have to say, rare that this court comes across boys like yourself, who have done such a lot of voluntary work at such a young age and who have achieved so well at school then later to be involved in such serious offences. It is very sad to see that you had been led astray and committed this extremely serious offence. I have no doubt you have disappointed your mother and yourself.
Although you are of clear record, upon arrest for this offence, you immediately admitted that some of the drugs were for your own consumption. Your dependency, it would appear, on these drugs has contributed to you committing this offence.
I am informed by your counsel, Mr Ng, that approximately 30 grammes of the drugs found were to be for your own consumption. This is a large amount but small given the total quantity which you were found in possession of.
In this case, obviously, the most powerful mitigating factor on your behalf is your plea of guilty.
For the first charge - defendant, this was a sale of drugs to another male and the amount involved was 3.11 grammes of ketamine. In following the guideline case of Hii Siew Cheng I would have taken a starting point of 2 years and 6 months’ imprisonment had you been convicted after trial. Giving you full credit for your plea of guilty, that term shall be reduced to 1 year and 8 months’ imprisonment.
In respect of the 2nd charge, the quantity of drugs involved there was 801.05 grammes of ketamine. In following the guideline case, the starting point, had you been convicted after trial, would be one of 13 years’ imprisonment, or 156 months.
I accept that some of the drugs were for your own consumption and in following the case of Hong Kong SAR v Chow Chun Sang, CACC 135/2011, I reduce that starting point by 15 per cent and take a starting point of 133 months. From that starting point, I give you full credit for your plea of guilty and that term shall be reduced to 89 months, otherwise in terms of years, you shall be sentenced to 7 years and 5 months’ imprisonment.
Charges 1 and 2 are to run concurrent to each other and that means that you shall serve a total of 7 years and 5 months’ imprisonment.