HKSAR v. NG WING SAN

DCCC703/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 703 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one charge, Charge 2 in this case, for trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  He, on 26 January this year, unlawfully trafficked 36.16 grammes of a powder containing 28.6 grammes of ketamine.

3.  The facts of this case are very straightforward.

4.  On that day at about 9.05 pm, acting upon information, police officers entered the defendant’s home.  They found next to his bed the dangerous drugs, an electronic scale, 111 resealable plastic bags and $11,350.   He was arrested and under caution said that he had bought the ketamine and it was for his own consumption.  He gave further details to the police in a subsequent videoed record of interview.  He has pleaded guilty today to trafficking that amount of dangerous drugs. 

5.  The defendant is 30 years old, does have one previous conviction relating to dangerous drugs but it was possession of dangerous drugs for which he was sentenced to 4 weeks’ imprisonment in July 2008. 

6.  I have been told in mitigation that he is single, comes from a broken family and has been educated to Form 4 Standard.

7.  He has had employment working as a transportation worker; a fish seller; a construction site worker, but has been unemployed since the end of 2009.  According to the antecedent, he is not a recipient of social security allowance. 

8.  The best mitigation today is the defendant’s plea.  With this quantity of ketamine a term of imprisonment is inevitable.       

9.  Trafficking in dangerous drugs must be deterred, hence terms of imprisonment which come from an authority, Secretary of Justice v Hii Siew Cheng CAAR7/2006, which sets out a tariff for trafficking ketamine.  What is relevant here is that where between 10 to 50 grammes of ketamine is the subject of the charge, a 4 to 6 year term of imprisonment is considered appropriate. 

10.  I have considered these guidelines, the defendant’s plea and his remorse, the defendant’s mitigation and background, and the fact that this is his first trafficking dangerous drugs offence. 

11.  Defendant, please stand up.  After considering all those factors, I will take a starting point of 4 years and 6 months. You are entitled to a discount of one-third for your plea which is a discount of 18 months. 

12.  For Charge 2 you are sentenced to a sentence of 3 years’ imprisonment.