HKSAR v.YU CHUEN KWAN

DCCC1034/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1034 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to three charges, the first being an offence of trafficking in dangerous drugs, contrary to section 4(1) (a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that on 17 July of this year at the Customs Arrival Hall at Lok Ma Chau, you trafficked in 9.62 grammes of ketamine.

2.  Charges 2 and 3 are offences under the Dutiable Commodities Ordinance, Cap.109, Laws of Hong Kong, Charge 2 being an offence possession of 86 dutiable cigarettes and Charge 3 being an offence of failing to declare those 86 dutiable cigarettes to a member of the Customs and Excise service.     

3.  The Summary of Facts which you have accepted are extremely straightforward and speak for themselves, in that when you arrived at the Lok Ma Chau Control Point you took the green channel quite obviously indicating that you had nothing to declare.  You were stopped by a Customs officer who searched you and from your front trousers pocket 2 plastic bags and a HK$20 bank note which was folded into a packet which was found to contain the ketamine. From your travel bag 105 cigarettes were found, 86 of which were undeclared and in excess of the 19 stick concession.   

4.  In a subsequent interview under caution you told the Customs officer that the drugs were for your own consumption. 

5.  You are 36 years of age.  You do have a number of previous convictions, four of which are for drug abuse.  With regard to the first offence, I do accept from your counsel that this is a technical offence of trafficking in dangerous drugs in that you imported the ketamine from the Mainland but almost certainly bearing in mind the small quantity of drugs that you had and your past criminal record which speaks of your being addicted to drugs, you had these drugs on you for your own consumption.     

6.  Nevertheless, the offence is one of trafficking and it is for that offence that I must sentence you.  The sentencing guidelines relating to trafficking in ketamine are to be found in SJ v Hii Siew Cheng [2008] HKCA 200, and for between 1 to 10 grammes of ketamine, the sentences range between 2 to 4 years’ imprisonment.

7.  Taking account of the matters that I have referred to, it seems to me that justice can be served by my taking a starting point toward the lower end of those guideline and I propose to adopt a starting point of 30 months’ imprisonment.  I will discount that by one-third to reflect you plea of guilty, coming to 20 months’ imprisonment on Charge 1. 

8.  On Charges 2 and 3, I impose a fine on you of $500 in relation to each charge.  The total fine of $1,000 is to be paid within 28 days of your release from prison.