HKSAR v. CHIN TING KONG

DCCC501/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 501 OF 2011

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to a single 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.

2.  Briefly what happened is this.  DW1, your mother, lives with you at Room 304, Ka Ming House, Chung Ming Court, 33 Pak Wo Rod, Tseung Kwan O.  In the early hours of 11 March last you brought your ex-girlfriend to the flat.  Your mother heard the sound of sniffing from your bedroom.  She suspected you of being in possession of dangerous drugs so she called the police.  Police attended at around 0155 hours and conducted a search.  In your bedroom they found a jacket on the floor.  Inside the pocket they found the following articles:

(a) a plastic bag containing 13.76 grammes of powder containing 11.21 grammes of ketamine

(b) a cigarette box containing the following:

(i) 5 plastic bags containing 2.69 grammes of powder containing 2.04 grammes of ketamine;

(ii) a plastic bag containing 3 other plastic bags containing 4.24 grammes of powder containing 3.32 grammes of ketamine; and

(iii) 1 plastic bag containing 10 plastic bags containing 4.53 grammes of powder containing 3.67 grammes of ketamine.

3.  Also on your bed they found 2 plastic bags containing 1.7 grammes of powder containing 1.38 grammes of ketamine. 

4.  Under arrest and caution you said “powders in white”.  Under subsequent cautioned video recorded interview you said you bought the dangerous drugs in Mongkok two days ago.  The big bag cost $700 and the small bags, $50 to $70 each.  They were for self-consumption.  Later you would sell some to others.  The jacket belonged to you.  Your ex-girlfriend had nothing to do with the matter.

5.  You trafficked in 26.92 grammes of powder containing 21.62 grammes of ketamine.  The estimated street value was $3,040. You admitted to three previous convictions, the last of which was exactly the same as the present offence. 

6.  On your behalf Mr Au entered mitigation.  He told me that you were educated to Form 3 and worked as a kitchen helper, a delivery worker, a car valet and a construction site worker.  Your father lives and works in the Mainland, returning infrequently, therefore you reside with your mother who suffers from mental problems. 

7.  On being released from prison after your last sentence you worked as a construction site worker but received no pay.  You bought the dangerous drugs involved in this case for $1,400, and whilst they were mainly for self-consumption you did sell some to close friends.  Mr Au emphasised that you did not sell these drugs in public places such as discos. He submitted that on arrest and then under interview you were co-operative with the police.  He said that given the quantity is not large, being about 21 grammes, your co-operation, your plea of guilty and the fact you only sold some to close friends, he asked for a lower starting point.  He conceded prison was inevitable.  He submitted a letter from Operation Dawn which I have taken into consideration though I have to say that the recommendation for probation order in this case is totally unrealistic.

8.  I turn now to the sentence.  First of all, through the Prosecutor, I would like to commend your mother for the action she took in calling the police when she suspected you were in possession of dangerous drugs.  That was public spirited and the right thing to do.  I trust the police will mark her behaviour in the appropriate way. 

9.  I turn back to yourself.  You have one previous for exactly the same offence.  Whilst the amount involved in this case is not of the highest, it is still substantial. 21.62 grammes of ketamine falls within the range of 4 to 6 years.  In your favour I accept that the main point of buying the drugs was for self-consumption and that your selling was to close friends, not to the public at large.  I also accept that you were entirely co-operative with the police upon arrest and that it is in your favour that you extricated your girlfriend from any blame. 

10.  Taking these factors into account I will take a lower starting point than I first of all had in mind but still within the correct range.  The starting point I take is 54 months, 4½ years reduced to 3 years for your plea of guilty.  You will go to prison for 3 years.