HKSAR v. TANG KEI FUNG

HCCC 202/2025

[2025] HKCFI 5753

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 202 OF 2025

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to one count of trafficking in dangerous drugs[1] before Magistrate Ms. Frances Leung, admitted to the Summary of Facts and was committed, on 12 June 2025, to the Court of First Instance for sentence. He confirmed his plea and admission before me and the conviction was duly recorded.

2.  Particulars of the charge are that the defendant on 4 March, 2024, at Room B, Flat 4B, 4^th Floor, New Lucky House, Nos. 13-15 Jordan Road, Kowloon, unlawfully trafficked in dangerous drugs, namely 40.71 grammes of a solid containing 31.63 grammes of cocaine, 1,141.09 grammes of a solid containing 956.67 grammes of ketamine and 0.35 grammes of a crystalline solid containing 0.35 grammes of methamphetamine hydrochloride.

FACTS

3.  Police officers laying ambush in an anti-narcotics operation against the charge address saw the defendant enter Flat 4B at around 10:55pm on the charge date.

4.  The defendant was intercepted when he came back out at around 11:21pm.  Upon being told that he was to be brought back into Flat 4B, the defendant became agitated and tried to escape.  He was subdued by police officers and brought into Flat 4B using the key found on his person.  

5.  Since Flat 4B was subdivided into rooms A to D, the officers asked which room the defendant resided in and he replied “Room A”.  The officers used the access card found on the defendant to try to open the door to Room A but was unsuccessful.  Using the same card, they were, however, able to gain access to Room B.

6.  The defendant was searched again in Room B.  A piece of tissue paper with 2 plastic bags of 0.52g of a solid containing 0.42g of cocaine was found hidden in his right sock.  The defendant was arrested for possession of the drugs and he claimed under caution that they were for his self-consumption.  

7.  Room B was searched and the following items were found:

In the left upper drawer of the bed

(1) A sketch book;

(2) Batches of empty resealable plastic bags;

(3) Scissors;

(4) Adhesive tapes;

(5) Marker pens;

(6) Wooden spatula;

(7) A pack of surgical mask;

(8) A box of gloves;

In the left lower drawer of the bed

(9) A paper bag containing a torn plastic bag containing 921g of a solid containing 774g of ketamine;

(10) 4 plastic bags containing a total of 85 plastic bags containing 22.6g of a solid containing 18.2g of cocaine;

(11) 2 plastic bags containing a total of 0.39g of a solid containing 0.31g of cocaine;

(12) A plastic packet containing 17.2g of a solid containing 12.7g of cocaine;

(13) 7 plastic bags containing a total of 3.89g of a solid containing 3.23g of ketamine;

(14) 5 plastic bags containing a total of 2.82g of a solid containing 2.15g of ketamine;

(15) A plastic bag containing 20 plastic bags containing a total of 11.2g of a solid containing 9.31g of ketamine;

(16) 4 plastic bags containing a total of 1.93g of a solid containing 1.62g of ketamine;

(17) A plastic bag containing 0.35g of a crystalline solid containing 0.35g of methamphetamine hydrochloride;

(18) A plastic bag containing 5.25g of a solid containing 4.36g of ketamine;

(19) 14 plastic bags containing a total of 195g of a solid containing 162g of ketamine;

(20) A measuring cup;

(21) A bowl;

(22) A hot glue gun and 7 hot glue sticks;

In the right drawer of the bed

(23) 4 electronic scales;

(24) A glass bottle inserted with (a) a glass tube with one end shaped as a bulb and (b) a segment of plastic tube / a plastic straw which has been examined and such set up could be used as an inhaling device. The device contained 0.68g of a liquid, which upon drying, was found to contain 0.06g of a solid containing methamphetamine;

(25) A glass tube with one end shaped as a bulb containing 0.01g of a solid containing methamphetamine;

Hung behind the door to Room B

(26) A plastic bag containing 6 used gloves, one of which wrapping a resealable plastic bag;

On top of the refrigerator

(27) A sealing machine (with the defendant’s fingerprints found thereon);

(28) A pair of scissors;

(29) A rent notice of Room B; and

(30) A plastic box containing a metal spoon.

8.  The defendant was arrested for “trafficking in dangerous drugs”.  He claimed under caution that he had rented the flat and that the drugs belonged to him.

9.  The defendant’s mobile phone was examined and WhatsApp messages in relation to drug transaction records communicated by way of coded words were found.  

10.  As at March 2024, the average retail price for crack cocaine, ketamine and methamphetamine was respectively HIK$1,293, HK$421, and HK$538 per gramme.  The drugs seized could have been sold at street level for HK$533,597.

11.  By his guilty plea and admission to the Summary of Facts, the defendant had admitted and accepted that, at all material times, he had knowingly possessed the seized drugs for the purpose of unlawful trafficking.  

PREVIOUS CONVICTION

12.  The defendant was of previously clear record.

BACKGROUND AND MITIGATION

13.  The defendant was born in December 1995 and is almost 30 years old.  He is single but has been living with his girlfriend in a rented flat in Chai Wan since September 2022.  He received education up to Form 4 level, and had been working as a kitchen worker and a cook.  

14.  Prior to his arrest, he had worked for about half a month in January 2024 as a kitchen staff at a fast food restaurant, but has been unemployed afterwards.  

15.  The defendant’s father left the family when the defendant was 2 or 3 years old and he was brought up by his mother, who is now 65 years old and suffers from chronic illnesses.  She has stopped working since July 2025 and requires ongoing medical treatment.  The defendant was living with his mother and elder sister, who takes care of their mother.  

16.  As a result of poor financial management, the defendant became heavily indebted to the sum of about $30,000.  He was also addicted to ‘ice’.  He committed the present offence to earn some quick money.

17.  The defendant wrote in mitigation, expressing remorse and pledging to never re-offend.  The defendant’s mother, sister and church leaders also wrote to seek leniency on his behalf, telling the court how the defendant has always been a bright, filial and obedient son.

18.  The defendant’s mother describes her son as simple minded and easily influenced by those around him.  

19.  Mr. Wong, counsel for the defendant, informed the court that the defendant has completed a certificate course in Presentation Software Application, as well as two correspondence courses for religious education during his present remand.  He plans to enroll in more courses so that he may be better prepared for when he regains his freedom.

20.  Mr. Wong points to the fact that the defendant is addicted to ice, as confirmed by the positive urine test conducted on 7 January 2025, and submits that the defendant took the risk of trafficking in dangerous drugs in order to earn quick money to satisfy his drug addiction.

SENTENCING

21.  The maximum sentence on conviction upon indictment for trafficking in dangerous drugs is that of life imprisonment and a fine of $5 million.

22.  The sentencing approach and tariff bands as set out by the Court of Appeal in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, HKSAR v Huang Ruifang [2025] HKCA 234, and HKSAR v Hii Siew Cheng [2009] 1 HKLRD 1 are applied as follows.

Step 1: The applicable guideline tariff bands

23.  For the 31.63g of cocaine, 956.67g of ketamine, and 0.35g of ice, the applicable guideline tariff bands are, respectively, “5 to 8 years”, “12 to 14 years”, and “3 to 7 years”.

Step 2: The defendant’s role and culpability

24.  As Mr. Wong fairly points out in his written submissions, the defendant’s role was more than a simple courier since he was the person who rented the premises, and there was a sizable amount of paraphernalia inside, suggesting that the defendant was also packaging drugs for delivery, making him more culpable than a mere storekeeper or courier.  This more important role and added culpability will have to be reflected in the selection of the starting point.  

Step 3: The relevant band within the guidelines

25.  An arithmetical application of the tariffs would return individual starting points of 79, 165, and 37 months for the cocaine, ketamine and ice respectively.

26.  Since three different types of dangerous drugs were trafficked, I adopt the combined approach as propounded in HKSAR v Yip Wai Yin [2004] 3 HKC 367.  I have applied the absurdity, conversion and ratio tests as used in HKSAR v Chan Yuk Leong CACC 318/2013 to assist me in arriving at the correct starting point.  

ABSURDITY TEST

27.  On the basis of all the narcotics were the more potent drug of ice, any combined starting point above 18 years 10 months would be regarded as absurdly high.  

CONVERSION TEST

28.  Given the significantly larger quantity of ketamine, despite the higher potency of ice, I adopt ketamine as the base drug for the conversion test.

29.  If the cocaine and ice are converted into ketamine that would yield the corresponding equivalent sentence, the total converted quantity of ketamine would be 1,064.65g, which would have a notional starting point of 14 years 3 months.

RATIO TEST

30.  Based on the proportion of the different drugs involved, the sentence should be about 14 years.

THE COMBINED NOTIONAL STARTING POINT

31.  Having regard to the above test results, taking into consideration the defendant’s role and culpability, I will adopt a combined starting point of 15 years 3 months’ imprisonment.  The enhancement of 12 months is needed to reflect the scale of the packaging that appeared to have been going on at the premises.  

Step 4: Aggravating factors

32.  It is trite law that trafficking in more than one variety of dangerous drugs is an aggravating factor, because the trafficker will be able to cater to a wider market[2]. Given the quantity of mainly the cocaine and ketamine involved, I will enhance the sentence by 9 months, taking the combined starting point to 16 years.

Step 5: Mitigating factors

33.  For the defendant’s diligence whilst in remand in attending and completing various courses, I grant him a reduction in sentence of 6 months, lowering the starting point to 15 years 6 months.  

34.  The only other mitigating factor is the defendant’s timely guilty plea, for which he is given the usual one-third discount.

Step 6: Totality

35.  Taking a step back, I find the sentence fair, just and balanced in the circumstances.

FINAL SENTENCE

36.  The final sentence is, therefore, 124 months, or 10 years 4 months’ imprisonment after plea.