HKSAR v. LAM KAI YUEN

HCCC 22/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 22 OF 2016

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The defendant, Lam Kai-yuen, a 17-year-old young man, had pleaded before a magistrate to the single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

The particulars of offence were that on the 15th day of June 2015 at Lok Ma Chau Public Transport Interchange, New Territories in Hong Kong, he unlawfully trafficked in a dangerous drug, namely 7,285.6 grammes of a solid containing 2,652.6 grammes of ketamine.

He had also admitted the summary of facts prepared by the prosecution. The summary of facts reads as follows:

(1) At about 9.40 pm on 15 June 2015, while two Customs officers were conducting an anti-narcotic patrol at Lok Ma Chau Public Transport Interchange, San Tin, New Territories, they saw the accused acting furtively thereat with a recycle bag in his left hand. The officers intercepted the accused and after an inspection of the recycle bag found a quantity of plastic bags containing suspected ketamine.

(2) Under caution, the accused said the substance was “K Chai” which belonged to him. When asked what he would do with the “K Chai”, he said that after he received the stuff he would wait to be informed by phone and then he would deliver them to someone.

(3) He refused to participate in a controlled delivery.

(4) A search of the accused’s residence at Kowloon Bay found nothing illegal.

(5) After examination, the suspected ketamine was found to be 30 transparent plastic bags containing 7,285.6 grammes of a solid containing 2,652.6 grammes of ketamine. At the time of their seizure the ketamine had an estimated street value of HK$932,556.

(6) The accused refused to answer questions in the video-recorded interview.

In the case of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, the Court of Appeal set down sentencing guidelines for trafficking in ketamine. However, the quantity covered by those guidelines only reached 1,000 grammes, the appropriate sentence for which was 14 years of imprisonment upwards. No guidance was given specifically for trafficking in ketamine exceeding 1 kilogramme.

In HKSAR v Sin Chung Kin [2013] 1 HKLRD 627, the Court of Appeal observed that the appropriate starting point for trafficking in 2,000 to 3,000 grammes of ketamine should respectively be no less than 18 years and 20 years’ imprisonment: see also the case of HKSAR v Chow Yau Ching [2014] 2 HKLRD 639.

Drug trafficking is a very serious offence, and sentencing is almost wholly dependent on established guidelines and authorities. Save in rare circumstances, personal situation matters little and very little discretion is left to the sentencer.

The defendant in the present case was a young man who was below the age of 17 years when he committed the offence. He also had no previous criminal record.

Taking all these circumstances into account, I am prepared to be more lenient to him to adopt the starting point of 18 years’ imprisonment. I give the defendant a full one‑third discount for his guilty plea which reduces the starting point to 12 years.

I accordingly sentence the defendant to a term of imprisonment for 12 years.