HKSAR v. LAI TAT HO

HCCC 287/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 287 OF 2017

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT:

The defendant, Lai Tat-ho, pleaded guilty to one count of trafficking in a dangerous drug on 23 August 2017, at the Eastern Magistrates Court. He was committed to the Court of First Instance for sentence.

He confirmed his guilty plea and admitted the facts as read out to him. This case concerned 431.4 grammes of a solid containing 234.5 grammes of ketamine.

The facts reveal that at about 1810 hours on 19 December 2016, police officers were patrolling at the pavement of MTR Che Kung Temple Station, Sha Tin, when they saw the defendant standing by the rear of a private car and carrying a red plastic bag in his left hand. The officers approached the defendant. Upon seeing the officers, the defendant abruptly turned around and sat in the driver’s seat. The officers went up to the defendant and revealed their police identity. The defendant was asked to alight from the car. The defendant confirmed the car belonged to him and the car key to the said car was also found on the defendant.

The officers searched the red plastic bag carried by the defendant and found inside, inter alia, one transparent resealable plastic bag containing 307 grammes of a solid containing 156 grammes of ketamine, transparent resealable plastic bag containing eight plastic bags containing a total of 106 grammes of a solid containing 65.3 grammes of ketamine, one transparent resealable plastic bag containing eight plastic bags containing a total of 18.4 grammes of a solid containing 13.2 grammes of ketamine, an electronic scale, a white plastic spoon and two transparent resealable plastic bags containing wads of empty resealable plastic bags.

The defendant was arrested. Under caution, he said he took the 'K Chai' to repackage it and to give to others. The defendant was also found in possession of $7,300 and two mobile phones.

In a video-recorded interview, the defendant said, under caution, inter alia, in the afternoon on 19 December 2016, he met an old friend in Sha Tin who asked him whether he was in need of money urgently. He replied in the affirmative. His friend then gave a red plastic bag to him containing the ketamine inside and asked him to divide it properly and to wait for his call. He repackaged the ketamine as instructed and was waiting for further instructions when he was arrested. The reward was $1,000 but he had not received it yet, and the cash $7,300 found on him was the income from his transportation work.

The total drugs seized were 431.4 grammes of a powder containing 234.5 grammes of ketamine and the estimated retail value was $136,322.

The criminal record of the defendant shows that he had been twice convicted for possession of dangerous drugs, in 2009 and 2017 respectively. In 2010, the defendant was convicted of trafficking in a dangerous drug and he was sentenced to 26 months’ imprisonment. The defendant committed the present offence while he was on bail for the possession of dangerous drugs case, ie, KT 5056/2016.

The defendant was born in Hong Kong and is now 32 years old. He has received form 5 education. He worked as a transportation worker. He was last sentenced to DATC on 20 February 2017 and he was discharged in July this year. The defendant is married and he lived with his wife in Yuen Long before his remand.

Mr Wong, in mitigation, tells me that the defendant has been married for three years. His father, aged 68, and his mother, 60, have both retired and they depend partly on the defendant for their living. The defendant has been working as a transportation worker for seven to eight years and his monthly earnings was ten to fifteen thousand dollars.

Mr Wong submits that according to the tariff as set down by the Court of Appeal in Secretary for Justice v Hii Siew Cheng, the starting point should be 6 to 9 years but he urges me to adopt a lenient starting point. Mr Wong submits that the strongest mitigating factor in this case is the guilty plea of the defendant which he tendered at the earliest possible opportunity. The defendant has co-operated with the police after his arrest.

Mr Wong submits two letters written by the wife of the defendant and the employer of the defendant respectively.

In sentencing the defendant I have borne in mind the facts of this case, the nature and the quantity of the drugs involved, the background information of the defendant and all the matters urged on the defendant’s behalf by Mr Wong.

This case concerned 234.5 grammes of ketamine. Applying the guidelines as set down by the Court of Appeal in Hii Siew Cheng, an initial starting point of 8 years’ imprisonment is appropriate. But in the present case, I find the presence of two aggravating factors:

(1) the defendant committed the present offence while he was on bail for KT 5056/2016;

(2) the defendant had committed a trafficking in a dangerous drug back in 2010, in other words, the present case is the second conviction of the defendant for trafficking in a dangerous drug.

In my judgment, a starting point of 8 years and 9 months is appropriate. The defendant is entitled to one-third reduction for his guilty plea. That would bring his sentence down to 5 years and 10 months, ie, 70 months.

For the reasons given, I sentence the defendant to 5 years and 10 months’ imprisonment.