HKSAR v. KO CHI HIN

HCCC 532/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 532 OF 2013

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: The defendant was charged with one count of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. He pleaded guilty before a magistrate and was committed to the Court of First Instance of the High Court for sentence.

Summary of Facts

The Admitted Facts disclosed that on 7 June 2013, the defendant was intercepted by the police when he and two other persons, a male surnamed Li and a female surnamed Man, emerged from a flat situated in Tam Kung Road of To Kwa Wan.

Upon search, the police found a bag of suspected ketamine inside his pocket which was subsequently confirmed to be 85.04 grammes of a powder containing 67.63 grammes of ketamine.

Under caution, the defendant admitted he carried the “K Chai” for someone as he had no money.

The police entered the flat which was rented by Li and conducted a search. Inside a drawer, the police found another bag of suspected ketamine which later confirmed to be 150 grammes of a powder containing 120 grammes of ketamine.

Under caution, the defendant admitted the “K Chai” belonged to him, while both Li and Man denied knowledge. The police also found cash, $11,000 on the defendant’s person, and three mobile phones.

Back at the police station the defendant told the police during the video-recorded interview that he helped someone called “Ah Man” to deliver the ketamine. He hid the ketamine inside a drawer in Li’s flat without the latter’s knowledge as he considered that was a safe way of storage.

On the day in question, he took some ketamine from the bag in the drawer and kept them in his pocket to make a delivery when he was stopped by the police. He was promised $700 as a reward.

The estimated retail value of the ketamine seized is HK$28,900.

Background and mitigation

The defendant is 28 years of age, a single man, with a previous conviction of assault occasioning actual bodily harm, robbery, and theft. There is no previous conviction relating to drugs.

In mitigation, Mr Chiu informed me that the defendant had been able to give up trouble for 10 years - that would be after the defendant was discharged from the training centre. I was told he was made redundant in 2012 when he was then working as a bar tender. Even though he had some savings and he could do some casual work, he still find that he had financial difficulties and he did not want to be a burden to his mother and sister and that is how he became involved in drug trafficking.

As to the $11,000 found on his person, I was informed that that was a loan from friends in order for him to pay the arrears of rent. I was informed that he was owing his landlord $3,000 per month rental for three months. In other words, the $11,000 had nothing to do with drug trafficking.

The sentence

Offences involving dangerous drugs are serious, particularly when the trafficking of dangerous drugs is involved.

For the trafficking of ketamine, the Court of Appeal has set down sentencing guidelines in the case of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1. The quantity of ketamine involved in this case, that 187.63 grammes, falls into the 50 to 300 grammes category. The appropriate starting point is within the range of six to nine years.

Mr Chiu, in his mitigation, said that the amount involved is slightly over the halfway mark of 300 grammes which, of course, is correct.

While the defendant is not a first offender, this is the first time he was convicted of a drug offence.

I am of the view that a sentence of seven-and-a-half years after trial is appropriate here. The defendant pleaded guilty at an early stage and is entitled to the usual one‑third discount. There are no other grounds to reduce the sentence any further.

So, for the offence of trafficking in dangerous drug, the defendant is sentenced to five years’ imprisonment.