HKSAR v. CHAN WING CHUN

DCCC 1474/2024

[2025] HKDC 1874

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1474 OF 2024

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REASONS FOR SENTENCE

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1.  The Defendant pleaded the guilty to two charges:-

(i)  Trafficking in a dangerous drug, namely, 9.22g of ketamine;

(ii)  Possession of dangerous drugs, namely, 0.56g of tetrahydrocannabinol.

SUMMARY OF FACTS

2.  At about 1230 pm on 4 July 2024, the police saw the Defendant acting furtively on a footbridge connecting Ko Fong Street and Kwai Chung Plaza.

3.  The Defendant was intercepted for a body search.  The following drugs were found from his underpants:-

(a)  a plastic bags containing 18 re-sealable plastic bags containing a total of 11 g of a solid containing 9.22 g of ketamine[1];

(b)  an e-cigarette device containing 0.69g of a liquid containing 0.56g of tetrahydrocannabinol[2].

4.  Two mobile phones and cash of HK$840 were also seized from the Defendant.

5.  The Defendant was arrested for the offence of trafficking in dangerous drugs.  Under caution, the Defendant admitted that he purchased the drugs for his own consumption.  Each bag of ketamine costs HK$300, he bought them the night before.  The tetrahydrocannabinol also costs HK$300.  The HK$840 was his own money.

6.  The street value of the ketamine was about HK$5,324.

CRIMINAL RECORD

7.  The Defendant has a clear record.

BACKGROUND

8.  The Defendant is now age 25.  Single.  The Defendant’s father passed away in April 2025 during his remand, as such, the Defendant was not able to see his late father for the last time.

9.  At the end of April, 2025, the Defendant obtained bail from the District Court.  He is currently living with his mother and his elder brother.  He made good use of this period of time to obtain a construction industry safety training certificate and was able to find a job to build scaffolding with a daily wage of HK$1,100, but the construction company has since closed down.  The Defendant then went on to find a job at UPS as a warehouse worker in the airport and worked 5 days week, earning HK$850 per day.

10.  His elder brother and his cousin all wrote to this court to say that they have seen great improvement from the Defendant and they believe the Defendant is genuinely reforming himself to become a responsible person.

11.  The Defendant committed the present offence because he became a drug addict and was under financial stress.

SENTENCE

Charge 1

12.  It concerns a total of 9.22 grams of ketamine.  When sentencing the Defendant, I take the 6 steps approach as set out in HKSAR v Herry Jane Yusuph[3].

Step 1: Assessment of the gravity of offense

13.  In the presenting case, there is one type of dangerous drugs.  That is 9.22grams of ketamine.  By applying the sentencing tariff for ketamine in Secretary of Justice v Hii Siew Cheng[4], 2 to 4 years imprisonment for trafficking ketamine up to 10 grams.

Step 2: The Defendant’s role and culpability

14.  The Defendant was seen on a footbridge acting furtively.  He was intercepted in a public area, in a residential district.  The drugs were found in his underpants.  The defence said that he was a courier.  The prosecution has no evidence to suggest otherwise.  As such, he will be sentenced as a courier.

Step 3: The relevant band within the guideline

15.  For a quantity of 9.22 grams of ketamine, it attracts a sentence of 45 months’ imprisonment.

Step 4: Aggravating factors

16.  I agree with the defence that there is no aggravating factor in the present case.

Step 5: Mitigating factor

17.  From all the letters before me, I know he has a very supportive family behind him.  His elder brother and his cousin will continue to support him to reform himself.  On the other hand, he has dissociated from his undesirable friends. 

18.  The Defendant pleaded guilty to the offence.  As such, he is entitled to 1/3 discount from 45 months to 30 months.  I also take into account that the Defendant has taken positive step to reform himself and he lost his father during his remand, I grant 3 months reduction.  The sentence comes down to 27 months imprisonment.

Step 6: Totality

19.  The final stage of the sentencing process is to stand back and look at the overall sentence passed to make sure that it is fair and just.  Taking into account of the circumstances of the offence and the submission on behalf of the Defendant, I am of the view that the present sentence is appropriate and is not out of proportion to the Defendant’s overall criminality.

20.  The Defendant is ordered to serve a period of 27 months’ imprisonment.

Charge 2

21.  I now deal with Charge 2 as it contained 0.56 grams of tetrahydrocannabinol, it was a very small quantity and different from the dangerous drug in charge 1. As such, having considered the financial ability of the Defendant that he is able to pay a fine, I impose a fine of HK$1,000 in Charge 2.  The Defendant agrees that this sum can be taken out from his bail money, I order HK$1,000 be deducted from his bail money directly before returning the balance to him.