HKSAR v. LAM SIU KAY

HCCC 293/2018

[2019] HKCFI 1203

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 293 OF 2018

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

Mr Lam, you pleaded guilty before the Eastern Magistrates’ Court on 17 September of 2018 to trafficking in 78.3 grammes of methamphetamine hydrochloride, or ‘Ice’ as it is commonly called, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, and you stand convicted upon your own plea.

The facts of the case has been read out by the prosecution and you have agreed them, but in essence, they are that you were intercepted on 3 October of 2017 during an anti-narcotic patrol being carried out in the vicinity of Kwok Shui Road Park in Tsuen Wan. The drugs were found in your trouser pocket and were contained within nine re-sealable plastic bags.

On arrest and under caution, you were completely full and frank with the police and said you were delivering the ‘Ice’ to clients for someone else. In interview, you continued to be fully frank with the police and you said you had been approached by an unknown male the day before, near to Shanghai Street, and he had asked you if you wanted to earn some quick money. You obviously agreed because in interview you said he had rung you on 3 October and arranged to meet you, whereupon he gave you the drugs which were found upon you by the police a little later. You had been told to deliver those drugs to E1 at Tai Wo Hau MTR Station.

You had looked inside the bag you said that you were given and so you knew you were in possession of ‘Ice’. You told the police that you were to receive a reward of just $1,000 for delivering the drugs, and we now know that the value of those drugs was $33,677.

You are now 39 years of age and were educated up to Secondary 5. You are divorced and Ms Chow tells me that your ex-wife lives in China. I am told that she left you almost as soon as your baby daughter was born and that you were left to raise your daughter on your own with the help of your parents. That situation left you depressed and you turned to using ketamine. Of your own volition, you realized how harmful that was to you and with the help of your parents you approached an agency to help you with your addiction. That was successful and you are no longer addicted to ketamine. That could not have been an easy journey and it resulted in you being able to have good employment within the hotel trade as a supervisor earning in excess of $16,000 a month.

Prior to this offending, therefore, you were in full-time employment, raising a young child and being a loving and filial son to your parents, including your father who, I am told, suffers from prostate cancer and diabetes and is 70 years of age.

I have taken into account all that has been said on your behalf most ably by Ms Chow, including your early indication of plea, limited educational background, and your previous essentially good character. I also take into account your renewed faith and desire to improve yourself so that you can help others in your situation in the future.

I have read the letters from your parents and the pastor with whom you interact in prison and I have no doubt that your remorse is genuine and your desire to be a good parent is heartfelt. I have seen the correspondence between yourself and your daughter and there is clearly a very strong and loving bond. I can understand the additional heartbreak that being in prison has caused as it is your daughter as well as yourself whom you have let down by this momentary lapse of judgment.

This was not ketamine you were dealing in but ‘Ice’ and it is easy to think that you had very little in your possession when in fact the penalty for being in possession of even a small amount of ‘Ice’ can be significant. That is because it does harm to those who consume it, as you know from when you took ketamine. I also accept what Ms Chow has said that there is nothing in the papers which suggests that this was anything other than a one-off, and now out-of-character escapade, for which you and you daughter will pay a heavy price.

The relevant sentencing guideline for the offence of trafficking in ‘Ice’ is HKSAR v Tam Yi Chun [2014] 3 HKLRD 691. For trafficking in between 70 grammes to 300 grammes of ‘Ice’, the sentencing range is between 11 to 15 years. For trafficking in 78.3 grammes of ‘Ice’, I take the starting point as one of 11 years.

The trafficking of dangerous drugs, Mr Lam, is a very serious offence. Deterrence is therefore an overwhelming consideration, but I have heard your personal circumstances and wish to give you some credit for turning your life around in adversity and for what I believe is a genuine intention to ensure that you help not only yourself but others in the future in order to repay society for the harm you may have caused if this offence had been carried out. I also take into consideration the ill health of your family and the loving support of your parents who have continued to see you in the best possible light and are raising your daughter in the best possible way.

Because I believe your co-operation was genuine and your remorse and future intentions are equally genuine, I am going to exercise my discretion and discount the starting point further by 6 months. That is not a lot but, unfortunately, there are limits to my discretion which I can exercise in the circumstances of this case.

That reduces the starting point to 10 years and 6 months, so the sentence which I pass on you cannot give you a greater discount thereafter other than the one-third that you entirely deserve for your early indication of plea and is therefore one of 7 years.