HKSAR v. LEUNG KA LOK

DCCC441/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 441 OF 2012

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to one offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. You admitted the brief facts, and I convicted you. What took place is as follows.

2.  At around 2.01 am, on 21 March last, PC3901 was on plain clothes patrol near the Cheung Chau Ferry Pier.  He saw you carrying a white plastic bag.  You appeared near the junction of Praya Street and Tung Wan Road and approached the bicycle which was parked there.  You placed the bag in the basket of the bicycle and rode along Praya Street.  You rode towards PC3901 and you looked at each other.  You immediately turned round and rode in the opposite direction.  PC3901, being suspicious, intercepted you.  Upon searching the bag he found four paper packets of Vita chrysanthemum tea and a bag of sweets.  One of the drink packs appeared suspicious, so the officer opened it and found 92 resealable transparent plastic bags of suspected DD inside, that is “E1”, tied in four bundles by elastic band.   

3.  You were arrested and cautioned and remained silent.  You also had in your possession a mobile phone and $6,107.60. Subsequent analysis revealed that E1 contained 42.68 grammes of powder containing 31.97 grammes of ketamine.  E1 was possessed for the purpose of trafficking. 

4.  You admitted to 11 previous convictions, for which were drug related.  I am told by the prosecutor this present offence was committed whilst you were on bail.

5.  Miss Wong entered mitigation on your behalf. Initially she told me that you possessed the dangerous drug for self consumption.  However, after I pointed out that this was a potential defence and that therefore a trial should take place, she took further instructions and informed me that you accepted that the dangerous drugs were for the purpose of trafficking.  Also she assured me that you had been advised fully as to the tariff. 

6.  Miss Wong then proceeded to enter mitigation, which was of limited nature.  In reality there was little to be said.  She told me at the time of the offence you were under 24, Form 4 educated, and you’d been employed as a decoration worker.  She told me that your father was ill and your parents being unable to visit you whilst on remand.  On your behalf she asked for leniency and suggested a starting point of between four and five years. 

7.  I turn now to the sentence.  Trafficking in dangerous drugs is a serious matter.  In this case there are no aggravating features.  In my opinion this is a standard offence which calls for a standard sentence.  I take as a starting point 60 months’ imprisonment, that is 5 years, reduced to 40 months for your plea of guilty.

8.  You will go to prison for 40 months.