HKSAR v. CHAN YUK LING

DCCC1212/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1212 OF 2011

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Reasons for Sentence

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1.  Defendant, you have been convicted after trial of an offence of trafficking in dangerous drugs, the particulars being that on 1 September of last year, at Shop No.F105, 1st Floor, Sincere Podium, No.83 Argyle Street, Mong Kok, Kowloon, you trafficked in 41.23 grammes of a powder containing 19 grammes of ketamine.

2.  The police raided these premises at about 6.30 pm on the day in question.  You were the only person in the premises at the time and were sitting behind the cashier counter.

3.  When they revealed their police identities and informed you that they were there to search the premises for dangerous drugs, you repeatedly asked them for a chance and not to arrest you.

4.  You also stretched out your hands toward the sliding door of the cabinet.

5.  You were taken away from behind the counter. Again, you asked for a chance and told the police that the “K” was in the cabinet.  The cabinet was searched and the drugs found.

6.  I have read the probation report on you.  You clearly have a problem with drugs, having one previous conviction for possession of dangerous drugs in December 2010, but it seems to me that you do not understand the seriousness of this case and the situation that you find yourself in.

7.  All along you have sought to deny possession of these drugs.  You have not even at any stage said that they or any part of them were for your own consumption.

8.  You are still very young, only just turned 21, but I have very little choice due to your age to consider anything other than a prison sentence.

9.  The sentencing guidelines for trafficking in ketamine can be found in Secretary for Justice v Hii Siew Ching [2008] HKCA 200, and the sentence for trafficking in 10 to 50 grammes of ketamine falls between 4 to 6 years’ imprisonment.

10.  Due to your age, I am going to opt for the most lenient sentence within those guidelines.

11.  Accordingly, you are sentenced to 4 years’ imprisonment.