HKSAR v. HO KA SHIN

DCCC 954/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 954 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 20 July 2013, at or near the Science Museum Path in Tsim Sha Tsui, you unlawfully trafficked in 35.43 grammes of a powder containing 19.05 grammes of ketamine.

2.  On the day in question, at about 9.50 pm, the police stopped you whilst you were driving a vehicle at a police roadblock.  They saw you using your hand to press on a brown paper bag then located between your thighs.  The officer then requested you to alight from the vehicle and conducted a body search.  When you exited the car, you put the brown paper bag on the floor.  It was discovered that you had two mobile phones and cash of $8,662.50.  Found from the brown plastic bag was the drugs.  They were contained in one large transparent plastic bag containing 10 smaller resealable plastic bags.  You were arrested and under caution, you admitted the possession of the ketamine.

3.  The street value of the ketamine was about $4,287.

4.  You are now 21 years of age. You have had three separate court appearances.  In 2006, you were convicted for an offence of possession of a dangerous drug and sentenced to 18 months’ probation.  In 2007 July, you were in breach of that probation order and sentenced to rehabilitation centre. In 2009, you were convicted and sentenced for an offence of trafficking in a dangerous drug and sentenced to 56 months’ imprisonment.  You therefore have three previous convictions of which two are related to drugs and one is a similar conviction for trafficking.

5.  Mr Patrick Chow, your solicitor, has mitigated on your behalf today.  I have taken into account all that he has had to say on your behalf.  He has reflected that you have been mixing with bad peers and hence your commission of these offences.  You had, however, all along been gainfully employed.  At the time of commission of this offence, you were employed as a clerk earning $15,000 a month.  You had provided for your parents and you are single.  You had, however, intended to marry.  However, as a result of this offence, this has inevitably had to be delayed. 

6.  I have received letters of support from your mother and elder sister, your previous employer and yourself.  I am informed by Mr Chow that you have had great reflection on your life and realised that in the past seven years, you have led a messy life and it has been somewhat ruined. You have realised that you have hurt your family, and you are determined to reform yourself. 

7.  I do not need to tell you the offence you have committed is a very serious offence.  Your last conviction says it all.  You were sentenced to 56 months’ imprisonment for the exact same offence.  You committed this present offence approximately just over a year after you were released from prison. 

8.  You are a very young man of 21 years of age. Since the age of 14, you have been spent much of that time locked away in gaol.  As you know, you will be spending the next period of time also in prison.  It is, I hope, time you do start to make reformation.  You have a very supportive family.  Your mother and elder sister are here, and so is girlfriend. 

9.  As you are well aware, Defendant, for trafficking in dangerous drugs, the Court of Appeal have laid down tariffs in respect of the term of imprisonment.  For the amount of drugs that you have trafficked in, that is 19.05 grammes of ketamine, and following the case of Hii Siew Cheng, that falls within the third bracket of 10 to 50 grammes, of which a starting point of 4 to 6 years’ imprisonment after trial is appropriate.

10.  Defendant, taking into account the quantity of drugs you had for trafficking, I take a starting point of 4 years and 3 months’ imprisonment.  Giving you full credit for your plea of guilty, that term shall be reduced to one of 2 years and 10 months’ imprisonment, to which you shall be so sentenced.