HKSAR v. YIP KIN HO

DCCC77/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 77 OF 2011

----------------------

---------------------

Reasons for Sentence

---------------------

1.  Defendant, you have pleaded guilty to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134, Laws of Hong Kong, the particulars being that you, on 21 November of last year, outside the Ground Floor of Hor Ping House, Long Ping Estate, Yuen Long, you trafficked in 55.17 grammes of a powder containing 34.13 grammes of ketamine.

2.  The summary of facts which you have admitted are straightforward and establish that, at about 7.40 pm on the date and at the place named in the charge, you were stopped and searched by police, when the drugs were found in four separate resealable plastic bags inside the right-front pocket of your trousers.  

3.  You claimed to the police that the drugs were for your own consumption.  Lest there be any misunderstanding on your part, I do not accept that what you told the police was true, that is that the ketamine was for your own consumption. 

4.  I am aware that you are a ketamine user, and indeed have two previous convictions for possession of drugs, but I do not accept that you had the whole quantity of ketamine on you on this occasion for your own consumption.  This is a very large quantity of ketamine, nearly 35 grammes of narcotic, which has a street value of $7,100.  The drugs were contained in four separate packets.  Your counsel has wisely told me that he has withdrawn what he had earlier put before me in mitigation, that you had this quantity of ketamine on you for the purposes of self-consumption. 

5.  Very little has been put before me in mitigation, save for your plea of guilty, for which I will give you due credit. The case of Secretary for Justice v Hii Siew Cheng [2008] HKCA 200, has laid down sentencing guidelines for trafficking in quantities of ketamine.  And for quantities of between 10 to 50 grammes, a starting point of 4 to 6 years' imprisonment is indicated. 

6.  In this case the court is dealing with 34.13 grammes of ketamine.  I propose to adopt a starting point of 5 years' imprisonment.  I will give you the customary one-third discount to reflect your plea of guilty, coming to 3 years and 4 months’ imprisonment.