HKSAR v. LAM CHAK HONG

DCCC 2/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 2 OF 2013

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to one offence of possession of dangerous drugs and one offence of trafficking in dangerous drugs, contrary to sections 8(1)(a) and (2) and 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134 respectively. You had also pleaded guilty to one offence of resisting a police officer in execution of his duty, contrary to section 36(b) of the Offences Against the Person Ordinance, Cap. 212. You admitted the brief facts and I convicted you on those facts.

2. What happened is as follows:-

At about 3.55 pm on 21 September last, police spotted you in the lift lobby of Shing Yam House, On Yam Estate and intercepted you for enquiries. They informed you of their police identification and that they suspected you of having dangerous drugs. Therefore, they took you to a staircase to search you. PC6740, PW1, and 58726, PW2, were about to search you but you struggled and apparently intended to walk away. PW1 intercepted you and requested you to open your left hand. You refused, so PW1 opened it and found a transparent plastic bag containing crystalline solids of suspected dangerous drugs wrapped in a tissue, P1. PW2 declared arrest on you. Suddenly you struggled and pushed him to the ground. PW1 and other officers went to subdue you, however, you continued to struggle and to yell. During the struggle, PWs 1 and 2 and you fell to the ground. You continued to struggle and kick. The officers restrained you and pushed you to the ground. During that struggle, PW2 suffered injury. He attended the hospital and was found to have tenderness, bruising and swelling to his right hand and abrasions on his left elbow and right knee. He was treated and discharged but granted two days sick leave.

3. At around 4.05 pm, PW1 arrested you and cautioned you.  You made no reply save to continue yelling and kicking, you were then handcuffed.

Charge 3

4. At about 4.08 pm, police officers escorted you to your home which is Room 2804, Shing Yam House, under a search warrant and a search was conducted.  In your bedroom they found six transparent bags containing crystalline solids of suspected dangerous drugs, P2.  Also in a white box they found $2,000, electronic scales and a white plastic bag containing 79 smaller transparent plastic bags.  Under arrest and caution, you made the following admissions, that was in the subsequent video-recorded interview under caution:-

a) That you met a male named Hung Jai in a bar in Mong Kok on 20 September.

b) He sold you six packets of ketamine each weighing 28 grammes for a total of $6,000.

c) In the toilet he passed them over to you and gave you three small plastic bags also.

d) Later you sold 10 packets of ketamine in the bar for $200 each.

e) At around 3 pm on 21 September last, you brought the ketamine and empty bags to your home where you placed them in a box with the $2,000.

f) At the time of arrest, you were holding a packet of ketamine in your hand, this was for self-consumption. You were in fact on your way to visit your mother who was in hospital at the time.

5. Subsequent analysis of Exhibit 1 showed it to be 1.60 grammes of solid containing 1.17 grammes of ketamine and E2 to be 152.39 grammes of solid containing 119.33 grammes of ketamine.  The estimated street value of the ketamine seized was in total $19,403.74.

6. You admitted to seven previous convictions on four separate occasions, two of those convictions were drug-related and also there was one for resisting arrest. 

7. On your behalf, Mr Massie entered mitigation. He emphasised your plea of guilty and that you had been held in custody since the time of your arrest.  He told me that you are 27 years old, Hong Kong born and were employed as a casual delivery worker prior to arrest.  You had been in receipt of some $7,500 per month, $2,500 of which you paid towards the family.  At the time of the offences you lived with your mother who is aged 51, your father having deserted the family when you were a young child.  Your mother had been employed as a PLB driver, however in July of last she had been in an accident which resulted in her staying in hospital until the end of September.  On the day of the offences, you were on your way to collect your mother from hospital as she used to spend weekends at home.  Mr Massie submitted that the resisting arose from your need to collect your mother.  Also he suggested that you were somewhat depressed about the whole situation.  Mr Massie went on to submit that you yourself are a user and that part of the 121 grammes of ketamine would be for your own consumption.  Your previous conviction for possession of dangerous drugs seems to support this. 

8. Mr Massie conceded that the amount of dangerous drugs involved in this case placed it within the range of 6 to 9 years’ imprisonment but he submitted that given the amount of drugs actually involved and the fact that you were a user and would have used part yourself then the court should adopt a starting point towards the lower end of the scale.  He told me that you fully accepted that a substantial prison sentence was inevitable in these circumstances.  He asked me to be as lenient as I possibly could, submitting that within the tariff there was a discretion reposing within the court.  I accept that as being correct.

9. I turn now to the sentence.  In truth, the only two points of mitigation are your plea of guilty and the fact that some of the ketamine would be for self-consumption.  I accept the latter proposition as being true.  I note that you are a young man with an undistinguished criminal record, that this is your third conviction for dangerous drugs and your second for resisting arrest.  Your initial reaction to the police was less than cooperative.  However, I do accept that later on you went on to make admissions.

10. Taking all matters into account, the following sentences will be imposed.  I should make it clear that I have given full consideration to the totality principle:-

On charge 1 which is possession of dangerous drugs, I take a starting point of 12 months’ imprisonment reduced to 8 for your plea of guilty.

Charge 2, I take as a starting point of 3 months reduced to 2 months for your plea of guilty but that will be consecutive.

And on charge 3, I take a starting point of 75 months’ imprisonment, that is 6 years and 3 months. That is reduced to 50 months for your plea of guilty. 42 months of that will be served consecutively and 8 months concurrently to take into account the principle of totality.

11. Therefore in total you will go to prison for a period of 52 months.