HKSAR v. LAU KA LONG

DCCC 683/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 683 OF 2014

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REASONS FOR SENTENCE

1.  Lau Ka Long you have pleaded guilty to one charge of trafficking in 69.52 grammes of a powder containing 46.50 grammes of ketamine and 1.85 grammes of a solid containing 0.88 gramme of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.  In summary around 21:15 hours on the 9 June this year the police intercepted you outside the Yeung Iu Chi Commercial Building, 460-462 Jaffe Road in Causeway Bay.  On a search the police found a total of sixteen transparent re-sealable plastic bags containing the ketamine and nine transparent re-sealable plastic bags containing the cocaine.

3.  Two of the re-sealable plastic bags containing the ketamine were found in a bandana you were wearing, eleven in a plastic bag and three in a metal box.  The nine re-sealable plastic bags containing the cocaine were also found in the plastic bag.  The police also found $1,298.10, RMB500, two mobile phones and a note book. 

4.  Under caution you admitted helping deliver the ketamine.  In a later video interview you gave further details including who you were delivering the drugs for; that you would be paid $90 for each delivery and that the note book recorded each transaction.   

5.  In passing sentence I have carefully considered everything said on your behalf by Miss Chan together with all the mitigation letters.  I take into account you have no convictions for trafficking in dangerous drugs.   

Starting point

6.  In Secretary for Justice v Hii Siew Cheng[2009] 1 HKLRD 1 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment. I am satisfied the proper starting point after trial for 46.50 grammes of ketamine based on quantity alone is 5 years and 9 months imprisonment. 

7.  In R v Lau Tak Ming [1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin.  The court said the sentence upon conviction after trial where the quantity of narcotic is up to 10 grammes is between 2 and 5 years imprisonment.  The courts have equated for sentencing purposes cocaine with heroin (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69).  I am satisfied the proper starting point after trial for 0.88 gramme of cocaine based on quantity alone is 2 years imprisonment. 

8.  I agree with Miss Chan that to adopt what has been called the individual approach and take a starting point of 7 years and 9 months imprisonment is to take a starting point which is excessive. 

9.  Relying on the decision in HKSAR v Ko Ka Hing [2009] 4 HKLRD 856 Miss Chan submits that 0.88 gramme of cocaine should be regarded as insignificant requiring no adjustment to the starting point for the ketamine. 

10.  I disagree 0.88 gramme of cocaine should be regarded as insignificant.  Further cocaine is a more potent drug than ketamine and in this case was contained in nine separate packets, clearly suitable for individual sale. 

11.  In my view the correct approach is to adjust upwards the starting point for ketamine thereby reflecting that you were trafficking in two different drugs.  I am satisfied that an overall starting point of 6 years and 9 months imprisonment is appropriate.

Own use

12.  I am told that the ketamine found in the metal box was for your own use.  Although you never told the police some of the ketamine was for your own consumption considering you have a recent conviction for possession of drugs I am prepared to accept a small quantity of ketamine may have been for your own consumption.

13.  The total quantity of ketamine contained in three re-sealable plastic bags found in the metal box is 7.64 grammes.  This leaves 38.86 grammes of ketamine for trafficking.  Under the guidelines in Hii Siew Chengthe appropriate starting point after trial for 38.86 grammes of ketamine would be not less than 5 years and 3 months imprisonment.

14.  In deciding how much weight should be attached to the fact some of the ketamine may have been for your own use I have considered the decision in HKSAR v. Wong Suet Hau [2002] 1 HKLRD 69 (see paragraphs 33 and 34) and HKSAR v Law Nam Chun CACC 360/2013 cited by Miss Chan.

15.  Taking into account that possession of drugs carries a sentence in any event; that you were carrying the drugs on the street and the latent risk factor, I am satisfied the starting point should be reduced by 6 months to one of 6 years and 3 months imprisonment.  

16.  Giving you full credit for your plea of guilty you are convicted and sentenced to 4 years and 2 months imprisonment.