COURT: The defendant pleaded guilty to one charge of trafficking in dangerous drugs and admitted the Summary of Facts in the committal proceedings at the Eastern Magistracy on 19 December 2024. The case was then committed to the Court of First Instance for sentence. Before this court, the defendant confirmed his plea and his agreement to the Summary of Facts through counsel.
The particulars of the charge state that on the 1st day of December 2023, outside No. 197 Reclamation Street, Yau Ma Tei, Kowloon, in Hong Kong, the defendant unlawfully trafficked in dangerous drugs, namely 113.13 grammes of a crystalline solid containing 111.43 grammes of methamphetamine hydrochloride, and 0.89 grammes of a solid containing 0.74 grammes of ketamine.
The Summary of Facts admitted by the defendant provides, inter alia, as follows.
In the small hours of 1 December 2023, a team of police officers conducted a road block at the junction of Dundas Street and Tung On Street, Yau Ma Tei, Kowloon. At about
1.25 am, PW1 saw a light goods vehicle bearing registration mark RY4081 (“the Vehicle”), which was about to turn into Dundas Street from Ferry Street, suddenly reversed back onto Ferry Street and fled towards the direction of Waterloo Road upon seeing the police road block.
In view of the suspicious movement of the Vehicle, PW1 and his party boarded police vehicles and chased after the Vehicle, which was subsequently intercepted at Waterloo Road, Yau Ma Tei.
Upon interception the defendant was found to be the driver of the Vehicle. PW1 saw the defendant trying to put his hands into the glove compartment of the Vehicle. PW1 immediately stopped the defendant and searched the glove compartment in the presence of the defendant. Upon search, one eye drop box was found inside the glove compartment. Inside that box, there were:
(1) one plastic bag containing one HK$20 banknote folded into a packet containing 0.01 grammes of a solid containing ketamine;
(2) two plastic bags containing a total of 0.88 grammes of a solid containing 0.74 grammes of ketamine; and
(3) one plastic bag containing 0.53 grammes of a crystalline solid containing 0.53 grammes of methamphetamine hydrochloride (commonly known as ‘Ice’).
The defendant and the Vehicle were then taken to outside No. 197 Reclamation Street, Yau Ma Tei, for further investigation.
Upon further search of the Vehicle, a total of 17 plastic bags containing a total of 112.6 grammes of a crystalline solid containing 110.9 grammes of methamphetamine hydrochloride were found underneath the driver seat and the carpet under the driver seat. In addition, one zip bag containing cash of HK$30,200 was found on the carpet between the driver seat and the front passenger seat. One mobile phone was also found on the front passenger seat.
In other words, a total of 113.13 grammes of a solid containing 111.43 grammes of methamphetamine hydrochloride and 0.89 grammes of a solid containing 0.74 grammes of ketamine were found and seized from the Vehicle.
Upon body search on the defendant, no illicit item was found, except one mobile phone and cash of HK$444.50 were found on his person.
The total estimated street value of all the dangerous drugs seized was around HK$72,820 with a breakdown as follows:
(1) methamphetamine hydrochloride: HK$72,403; and
(2) ketamine: HK$417.
Regarding the personal background of the defendant, he is 43 years of age. He is married, and prior to his arrest, the defendant lived with his wife and their three year-old daughter. Beyond supporting his immediate family the defendant shares responsibility with his elder brother for looking after their 76 year-old mother who resides in an elderly home.
After completing Form 5, the defendant earned a remote civil engineering degree. Between 2003 and 2023 the defendant worked as a construction worker and site agent on projects subcontracted by the Water Supplies Department.
Unfortunately the defendant became unemployed in June 2023. Further, the defendant was burdened by a gambling addiction which had resulted in an accumulated debt of HK$400,000.
It was under those circumstances that the defendant foolishly sought avenues to make quick money and committed the present offence by delivering the dangerous drugs in question for a reward of around $2,000 per day.
The defendant has four previous criminal convictions, three of which are related to dangerous drugs. They were all offences of possession of dangerous drugs, for which he was respectively conditionally discharged, sentenced to a 1 month suspended sentence and fined, and put on probation for 12 months.
The sentencing approach for the offence of trafficking in a dangerous drug is laid down in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, which is further clarified in HKSAR v Lee Ming Ho [2024] 1 HKLRD 1186. The first step is to identify the relevant sentencing band (or bracket) applicable to the quantity of drug concerned. The second step is an assessment of the role and culpability of the defendant based on evidence before the court. The third step is to identify where in the relevant band of the guidelines the defendant comes. It may be necessary to go outside the band to reflect the particular circumstances of the offence and the role of the defendant.
The fourth step is to consider aggravating factors which bear on the “notional sentence after trial”. The fifth step is to have regard to any matters of mitigation, bearing in mind that “personal circumstances will account for little, unless they are exceptional”. The sixth, and final step, is for the judge to stand back and look at the overall sentence passed in order to ensure that it is a “fair, just and balanced sentence”.
Regarding the first step, for 111.43 grammes of ‘Ice’ the applicable guideline tariff band is of 11 to 15 years’ imprisonment: see HKSAR v Huang Ruifang [2025] HKCA 234 at paragraph 66.
Second, concerning the defendant’s role and culpability, I accept that the defendant was a courier of the drugs.
Third, for 111.43 grammes of ‘Ice’ an arithmetical approach towards the guidelines would lead to a “notional sentence after trial” of 11 years and 8 months’ imprisonment. I see no reason for any upward adjustment on account of the defendant’s role and culpability. Further, I shall not increase the notional sentence after trial for the small amount of ketamine (0.74 grammes) found in the glove compartment of the Vehicle.
Fourth, I consider that there is no aggravating factor which would enhance the notional sentence after trial.
Fifth, I consider that the only mitigating factor which may reduce the defendant’s sentence is his timely guilty plea for which I will give him a one-third discount.
Accordingly the defendant sentence is reduced to 7 years and 9 months’ imprisonment.
Finally, I consider that a sentence of 7 years and 9 months’ imprisonment is a fair, just and balanced sentence in the circumstances of the offence and the circumstances of the defendant.
Defendant, you are accordingly sentenced to 7 years and 9 months’ imprisonment.