COURT: Mr Lam, stand up, please.
On 11 November of 2016, you pleaded guilty to two counts of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.
You trafficked in a total of 517 grammes of ketamine on 2 and 3 April of last year.
You were only 20 years old at the time, and you are now 21. But you have agreed the Summary of Facts, which was read out in court, and you were formally found guilty upon your own plea.
Those facts, Mr Lam, clearly indicate that you were using a 15-year-old boy to act as a drug runner. That young man was arrested on 2 April in 2016 for being in possession of the drugs, which are the subject of count 1 on the indictment against you, that is the 270 grammes of ketamine contained within two large packets. He had been contacted by you the day before on 1 April and instructed to collect the ketamine from you in Yuen Long. He told the police he was to be paid $2,000 by you for helping out. And as a result of the information that he gave to the police, you were arrested. On arrest, you said that someone called “Ah Hong” had told you to give the “K chai” to the boy.
At the time of your arrest, your flat was searched, and the remaining drugs in a further two packets, which are the subject of count 2, were found inside a wardrobe, that is, the 247 grammes of ketamine. You said that you were holding that 247 grammes for “Ah Hong”, and you were waiting for his instructions on how to dispose of them. So on your own account, Mr Lam, you appear to be an intermediary, receiving drugs and instructions from “Ah Hong”, and then passing them on to children who deliver them to others.
Now, in interview, you told the police you were a bartender; you live with your father, mother and sisters; you said that so far as “Ah Hong” is concerned, he asked you to pass on “K chai” to others for packaging and delivery and that makes sense, because the packages of drugs that you had were quite large, they were not split into smaller packages and you said that it was “Ah Hong” who told you to give the “K chai” to the young man on 2 April.
The street value of the drugs that was found on you and also in the possession of the young man was $135,675, just for those four packets, which I note from the facts, appear to be 50 per cent narcotic content. You were very lucky not to have been found with considerably more, because your interview indicates that you have been doing this for some months. But I can only sentence you for what occurred on 2 and 3 April.
I have taken into account what Mr Lee had said on your behalf and it is interesting to note that unlike many others, you have actually managed to stay at school until Secondary 5 and you have been employed. So, it is all the more sad that you decided to earn a living in this manner and in doing so to take part in the manipulation of youngsters. But I am conscious of the fact that this is the first time that you have appeared in this court and I am conscious of the fact that the sentence that you face is going to be a significant one for somebody who is himself quite young.
HKSAR v Hii Siew Cheng [2009] 1 HKLRD 1 provides, as your counsel had said, the sentencing guideline for trafficking in ketamine, and following those guidelines, the starting point after trial for count 1, for trafficking in 270 grammes of ketamine, would be 8 years and 6 months.
The starting point for count 2, for trafficking in 247 grammes of ketamine, would be 8 years and 3 months. That would make a total of 16 years and 9 months. Now, that would not reflect the criminality of this offending, I accept that, and I also note that the starting point for a single count, if those two amounts were put together, of a total of 517 grammes of ketamine, would be only 11 years. So I have taken that into consideration.
And I have also taken into consideration the decision of the Court of Appeal in HKSAR v Wan Lau Mei CACC 389/2013 advanced to me by Mr Lee, but I have to say that so far as the latter authority is concerned, I note that in this case, before this court, there are two separate occasions, one of which did not directly involve you, but involved the 15-year-old. You were simply the supplier, and there is no evidence to suggest that those drugs actually came from the same batch as the drugs found in your flat. In fact, the evidence suggests the opposite, as “Ah Hong” had told you to take the first set of drugs from under a bush. I do consider, however, that there is a slight nexus between the two counts, as part of one modus operandi and in my discretion, have sought to do justice to the particular facts of this case and to the totality principle.
The prosecution, as you have heard, have made an application to enhance your sentence under Section 56A of the Dangerous Drugs Ordinance, Cap 134, for supplying a minor with dangerous drugs to deliver. That minor was identified within the Summary of Facts and you have admitted that fully and openly and I give you credit for that. That is an aggravating feature of this case. The use of children to carry out offences must be deprecated, and those who chose to do so must know that the courts take a very dim view of it, even if you are not that old yourself. You have shown a callous disregard for this youngster’s future, no doubt for financial gain to yourself, and whilst you may not be as culpable as “Ah Hong”, you are nevertheless culpable and I intend to enhance your sentence by 1 year on each count to reflect that. That would make 9 years 6 months on count 1 and 9 years 3 months on count 2.
Under HKSAR v Abdul Makidu Abdulkarim [2016] 5 HKLRD, as you have pleaded guilty at committal at the first opportunity, you are entitled to a full one-third discount from the starting point after trial. Having first taken into account any mitigating and aggravating features, as well, in this case, as the principle of totality.
Mr Lam, on count 1, you will go to prison for 6 years and 4 months. On count 2, you will go to prison for 6 years and 2 months. 1 year and 8 months of which will be served consecutive to count 1. That will make a total term of imprisonment of 8 years.