HKSAR v. HO KIN SING

DCCC 694/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 694 OF 2014

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Reasons for Sentence
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1. Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2. The particulars of the offence are that on 3 June on the Ground Floor of Choi Yuet House, Choi Ha Estate in Ngau Tau Kok, Kowloon, you unlawfully trafficked in a dangerous drug, namely 107.43 grammes of a powder containing 48.32 grammes of ketamine.

3. It is agreed that the value of that ketamine was $12,677.

4. The facts of this case are very straightforward.  It is a stop-and-search scenario.  The police saw you, thought you were suspicious and intercepted you.

5. You were searched and in your left front pocket of your trousers, the police found a cotton bag containing eight plastic bags of ketamine.  They also found two mobile phones and $7,378 in cash.

6. You were arrested.  Under caution, you did not admit trafficking the drugs.  You told the police that you had paid $2,400 to buy the drugs for your own consumption and out of curiosity. 

7. In any event, you ultimately pleaded guilty to trafficking, and that is your best mitigation.

8. You are only just 17.  You were 16 when you were arrested. 

9. When you were arrested, you had a clear record.

10. Because of these two factors, I did call for a background report.  It is a very detailed report.  I have received it today and I do not intend to repeat its contents.

11. You are the only son of the family and you obviously did well at school until your teen years.  Then you became rebellious.  In fact, you dropped out of school.  Then what followed was nocturnal activity and insufficient parental supervision.  I am sure it got to the stage where your parents were unable to supervise you.  You moved out of your home when you were only 15 but returned in March 2014.  Even though you dropped out of school, you did work. 

12. The problem arose when you became unemployed in May this year.  You then spent your time hanging around amusement game centres, and it is in these places that teenagers will meet undesirable elements of this society.

13. You yourself told the probation officer that some of the peers that you hung around with in these centres had triad backgrounds, and you became a victim, in reality.  Because they knew you were young and had no employment, you were offered an easy way to make money.  You were offered $1,500 a day for trafficking drugs.  I am sure it did not take much to persuade you to take up this offer.

14. You yourself said you decided to commit these crimes out of greed.  You yourself are not a drug taker or an addict.

15. When you were arrested, your parents were obviously very disappointed.  And you yourself said you are very sorry to disappoint them.  You are now aware, with hindsight, that it was the undesirable peers who influenced you to commit this offence and that you now want to get back on a right track. 

16. You are mature enough to accept responsibility for this offence and know you will have to serve a punishment.  You are very lucky that your parents are still very supportive. 

17. Defence counsel has submitted written submissions and mitigation and enclosed some authorities for the court to consider. 

18. Moreover, there are letters of support from your family members and a social worker.  I have read all of those letters and they give me a good insight to you. 

19. You are a teenager who was rebelled and made the wrong decision.  Luckily, your family stand by you.  A term of imprisonment is inevitable.  But can I suggest you take the initiative to make use of the time you will spend in custody?  There are opportunities for you to either learn a trade or study academic subjects.  Do not waste the time.  You can learn something that will give you an opportunity when you are released from prison. Because if you truly wish to stay clear of bad peers or influences, you will have to make an effort. 

20. There are guidelines for trafficking ketamine and that guideline is Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 323.  There the Court of Appeal is of the view that where between 10 to 50 grammes of ketamine is trafficked, an appropriate starting point would be between 4 to 6 years’ imprisonment. 

21. Here, with 48.32 grammes of ketamine, that is nearly a 6-year starting point.  These are guidelines I have to follow.  But they are guidelines, not a straitjacket.  A term of imprisonment is inevitable.  But I can take into account various factors to decide what I find an appropriate starting point.  A starting point is not determined solely by the quantity of ketamine. 

22. What I take into account is the fact that I am sure you are remorseful and I am sure that at that time you were not mature enough to make the right decision when faced with temptation, nor sensible enough to walk away from easy money even though it came from trafficking drugs.  I am hopeful with family support and your own determination, you will not re-offend. 

23. I take into account the details of the background report, your remorse, your age, your previous clear record, your family circumstances and support that they continue to give you.

24. Defendant, please stand up. 

25. Having taken all those factors into account, I take a starting point of 5 years’ imprisonment.  You pleaded guilty; you are entitled to a discount of one-third.  Therefore, for this offence, you are sentenced to 3 years and 4 months’ imprisonment.  Do you understand that sentence?

DEFENDANT: Understand.