COURT: The defendant has pleaded guilty in the lower court to one count of trafficking in a dangerous drug, namely 7,214.95 grammes of a solid containing 4,823.45 grammes of ketamine. He has also pleaded guilty to the 2nd count of conspiracy to traffic in a dangerous drug, namely that he had conspired on or about 20 January 2021 to 2 February 2021 with another person known as “Ah Ming” to unlawfully traffic in a dangerous drug, namely ketamine.
The facts show that the case came to light on 3 February 2021 when the defendant was seen leaving a building in the Park Yoho complex. He was approached by police officers and then escorted to Flat E of the building for a search, and the defendant used his keys to gain entry into the flat.
Upon a search of the defendant, a packet of drugs was found in his trouser pocket. And also in his rucksack, amongst other things, were found a transparent resealable bag containing drugs and an electronic scale. Under arrest and caution, the defendant admitted that he helped others to transport the drugs in order to repay money. Inside the flat, the police also found dangerous drugs, the subject matter of the 1st count, and amongst other things were also found a cutter and empty resealable plastic bags, etc.
Subsequently, in a video-recorded interview under caution, the defendant said that in order to repay a credit card debt he had accumulated, a person called Ah Ming contacted him on Instagram and offered him quick money. Subsequently, his communication with Ah Ming was changed to WhatsApp. And in late December 2020, Ah Ming gave $3,000 to the defendant for buying mobile phone for this work.
And on 19 January, he was instructed to collect some boxes from Kwai Chung Container Terminal 1 which contained dangerous drugs. And then he was instructed later to buy some cling wrap film for repacking the items in the boxes which he then discovered were dangerous drugs. He was told to divide the dangerous drugs into 250 grammes, 10 grammes or 5 grammes and then to deliver the drugs to persons as instructed. So he said to the police he started delivering and packing the dangerous drugs either on 20 January or 21 January.
Subsequently, the defendant asked Ah Ming to give him money to rent a flat as he did not want to do this illegal trade in his family home. Ah Ming did so and the defendant then rented the flat in Park Yoho either on 27 January or 28 January. So the defendant then moved the boxes of dangerous drugs into the flat on 29 January. The defendant said he would be rewarded $1,000 each time of work, and on 3 February he received $9,000 in his bank account for his previous work.
On the morning of his arrest, the defendant said he was told to deliver the packet of drugs which were found in the pocket of his trousers. The packaging materials found in the flat were bought by him in order to pack the drugs as instructed. Now, the amount of drugs which were seized on that day by the police were the amount which was mentioned in the 1st count.
The value of the ketamine seized was approximately $4,292,895.
So this defendant was 22 at the time of his arrest and he has no criminal record previously. Mr Lo, in his mitigation, had submitted that the defendant is remorseful and had therefore, upon his arrest, completely cooperated with the police and was willing to assist the police, and that the defendant is determined to mend his way and that he would be pursuing various courses whilst in prison to equip himself for the future.
An indication of his determination is also revealed in the letter written by a chaplain in the Correctional Services Department who had pointed out the positive changes the defendant has had whilst in custody.
His parents also have written a letter supporting their son and indicated that they believe he has learnt a bitter lesson. I accept that the defendant is truly remorseful in this case and Mr Lo has said everything he could possibly say on behalf of the defendant.
Drug trafficking is a very evil and nefarious criminal activity in Hong Kong which the police have been trying to eradicate for many many years. It is evil because it affects many families and the suffering caused by drugs is well known. So the Court of Appeal has introduced sentencing guidelines in order to help stem the temptation of people looking for easy money to help in this evil trade.
As Mr Lo has correctly pointed out, the guidelines laid down in the case of Hii Siew Cheng in 2009 did suggest that for trafficking in over 1,000 grammes of ketamine, a sentence of 14 years’ imprisonment and upwards is recommended. And in another case in 2013 in Sin Chung Kin and Another, the Court of Appeal considered that for trafficking in 5.12 kilogrammes of ketamine, 22 years after trial is not manifestly excessive.
In this case, the total amount of drugs is 4,823.45 grammes of ketamine and I would adopt a starting-point sentence after trial of 21 years.
Apart from the fact that the defendant is entitled to one-third discount, I have also considered the matters which had been brought out in the Sivan procedure earlier and I therefore determine and agree with Mr Lo that he should be given a discount of 40 per cent. So I will reduce the sentence to one of 12 years and 7 months on the 1st count.
Now, on the 2nd count, Mr Lo is right that the facts in relation to the 2nd count was only revealed upon the defendant coming clean to the police about his involvement in the conspiracy count. And he gave full details about his involvement in that conspiracy and so the amount of the drugs that was traded during the time of the conspiracy is not known. So I will determine that a starting-point sentence of 9 years’ imprisonment is appropriate. He is entitled to the full discount of one-third for his plea and so reducing the sentence to one of 6 years.
And I have to consider the totality principle and considering, as I have said, that the facts that were revealed to the police was the basis of the 2nd count, I would therefore consider that overall the sentence on the 2nd count, 1 year will be served consecutively to the sentence in the 1st count and the rest concurrently.
So the total sentence is 13 years and 7 months.