HKSAR v. LAI KA WING

DCCC 29/2025

[2026] HKDC 368

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 29 OF 2025

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REASONS FOR SENTENCE

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The defendant pleaded guilty to a charge of "Trafficking in dangerous drugs". The drugs involved were cocaine and ketamine.

Summary of Facts

3. About 10:45 p.m. on 19 April 2024, police officers saw a private car YT6311 ("the Car")  parked on Ngoi Man Street, Shau Kei Wan. The defendant alighted from the driver's seat. No one else was on board the Car. He then entered Sun Lee Building, Nos.6 to 28 Ngoi Man Street. Police officers intercepted him on the 7^th Floor. A car key and 2 mobile phones were found on him. Police officers escorted the defendant downstairs and unlocked the Car using the car key found on him.

4.  Upon search, the following items were found in the Car :-

In the storage compartment beside the driver's seat:

(i)  a resealable plastic bag containing 14 resealable plastic bags which contained a total of 4.71 grammes of a solid containing 2.29 grammes of cocaine;

(ii)  a resealable plastic bag containing 10 resealable plastic bags which contained a total of 7.21 grammes of a solid containing 6.02 grammes of ketamine;

(iii)  a resealable plastic bag containing 9 resealable plastic bags which contained a total of 5.21 grammes of a solid containing 4.37 grammes of ketamine; and

In the centre console between the driver's seat and the front passenger seat:

(iv)  Cash in the sum of $4,250.

6.  The police arrested the defendant for "drug trafficking". Under caution, he admitted that the drugs belonged to him. He trafficked in dangerous drugs to repay his debts.

Mitigation & Sentence

7.  The defendant is 45 and single. He has 4 conviction records, which included 1 "simple possession" offence and 1 "trafficking" offence. Defence counsel Mr. Cheung informed me that the defendant resides with his mother (aged 66). He used to be a driver, but lost his job in 2023.

8.  In mitigation, Mr. Cheung submitted that owing to his prolonged period of unemployment, the defendant resorted to drug trafficking to repay his debts. He is determined to turn a new leaf. During his time of remand, the defendant has obtained his Construction Safety Card. He plans to work at a construction site and to live a productive life.

9.  Drug abuse has been a long-term problem in our society. A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment.

10.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1)  and cocaine[1] (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370). For 10 to 50 grammes of ketamine, the sentence ranges from 4 to 6 years' imprisonment. For up to 10 grammes of cocaine, 2 to 5 years' imprisonment.

11.  In determining the proper starting point, I have reminded myself of the sentencing principles for trafficking in cocktail drugs[2]. The defendant trafficked in a cocktail of drugs consisting of 10.39 grammes of ketamine and 2.29 grammes of cocaine. For 10.39 grammes of ketamine, applying a strict arithmetical approach, the appropriate starting point is 4 years. Similarly, for 2.29 grammes of cocaine, 2 years and 8 months. In my view, the "combined approach" would arrive at a realistic and fair sentence.

12.  Although less potent than cocaine, the ketamine found in this case is of a significantly larger quantity. I decided that the quantity of ketamine should form the basis of the starting point[3]. Hence, I adopt a starting point of 48 months' imprisonment and adjust it upward by 6 months for the cocaine, arriving at 54 months. With the timely guilty plea, the sentence is reduced to 36 months. Apart from this, I see no other mitigating factors which warrant any further reduction. I sentence the defendant to 36 months' imprisonment.