|
HCCC 265/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 265 OF 2013
----------------------
| |
HKSAR |
|
| |
v |
|
| |
Tam Ying-kit |
|
| ---------------------- |
| Before: |
Deputy High Court Judge Stuart-Moore |
| Date: |
9 August 2013 at 9.43 am |
| Present: |
Mr Lenny Cheng, SPP(Ag) of the Department of Justice, for HKSAR |
| |
Mr Victor Luk, instructed by Sam Fu & Co, for the defendant |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
---------------------------------
Transcript of the Audio Recording
of the Sentence in the above Case
---------------------------------
COURT: The defendant, who is now aged 39 years old, pleaded guilty on 28 June this year in the Magistrates’ Court to a charge of trafficking in a solid containing 1,681.64 grammes of ketamine. He has confirmed his plea during these proceedings, and he has agreed also to the facts which have been read out.
Some of the drugs were discovered in his jacket pocket during Customs clearance at the Shenzhen Bay Control Point after the vehicle he was driving had stopped there. The defendant immediately admitted that the substance was ketamine and that he had been offered a reward of $70,000 to help others to traffic in these drugs.
When he was further searched, more bags of ketamine were found in his pockets, and some were in a bag attached to his waist. There were nine bags in all, the street value of which was estimated to be about $240,000.
The defendant will have been well aware of the risks that he was taking in cross-border trafficking in drugs. He has a previous drug-related conviction which has no particular consequence in these proceedings, but the penalties for this kind of activity are well known.
The guidelines in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 provide that for more than a kilo of ketamine there should be a sentence of 14 years and upwards.
The present case represents a serious example of commercial trafficking, and I consider, having taken into account HKSAR v Sin Chung Kin [2013] 1 HKLRD 627 that the starting point after trial for this quantity should be a sentence of 15 years’ imprisonment.
However, this sentence has to be enhanced, as this was an international or a cross-border offence, which comes to the same thing, and the enhancement will be by 1 year, making 16 years in all after trial.
Please stand, Mr Tam. You are going to receive full credit for your plea of guilty. Your sentence is one of 10 years and 8 months’ imprisonment.
|