HKSAR v. LAU TIN CHEUNG

HCCC 489/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 489 OF 2014

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

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COURT: The defendant pleaded guilty before a magistrate to one count of trafficking in a dangerous drug, and is committed for sentence. The subject dangerous drug is 0.24 kilogramme of a mixture containing 0.2 kilogramme of ketamine.

In the evening on 15 June 2014, the defendant was stopped by police officers outside a refuse collection point near Sheung Sam House, Lung Hang Estate.

A transparent resealable plastic bag containing the subject ketamine was found inside a plastic bag held by the defendant. Under caution, the defendant admitted that he was delivering the ketamine from Fanling MTR Station to Lung Hung Estate for quick money. In a subsequent video-recorded interview, the defendant said he met a male called “Ah B” at an internet café a week before, and “Ah B” asked him if he wanted to earn quick money.

On the day of the offence, he received a call from “Ah B” who instructed him to pick up a Mannings plastic bag containing the ketamine at a flower bed outside Exit C of Fanling MTR Station, and deliver it to Lung Hang Estate. He picked up the Mannings plastic bag as instructed, and he asked his friend to drive him to the refuse collection point at Lung Hang Estate. He did not tell his friend he was delivering drugs. “Ah B” told him that someone would identify him by the Mannings plastic bag, and after he delivered the drugs to that person, he would be paid $2,000.

The estimated retail value of the ketamine involved was HK$28,320.

The defendant is 26 years old. He received education up to Form 4 level. He was a drainage maintenance worker after leaving school. He has two previous records of possession of dangerous drugs, both committed in 2007. For one of the offence, he was fined and the other received a suspended sentence.

The defendant, his younger sister and his mother wrote letters to this court to plead for leniency. They all said that the defendant is now very remorseful. There is also a letter from the defendant’s employer, saying that the defendant was a good employee, and because of his hard work, he was promoted to the position of foreman before his arrest.

Trafficking in a dangerous drug is a very serious offence, and the Court of Appeal has laid down sentencing guidelines in respect of different kind of dangerous drugs. The sentence depends on the quantity of drugs involved. In the case S for J v Hii Siew Cheng [2009] 1 HKLRD 1, for trafficking in a quantity of 50 to 300 grammes of ketamine, the sentencing range should be a term of 6 to 9 years’ imprisonment. The heavy sentence imposed is for deterrent purpose.

Considering the quantity of ketamine involved in this case, the appropriate starting point should be 7 years and 9 months’ imprisonment. However, taking into account the defendant’s guilty plea and the special circumstances involved in this case, the sentence is reduced to 4 years and 7 months’ imprisonment.