HKSAR v. LO CHUN HIN

DCCC 1068/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1068 OF 2012

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

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

Reasons for Sentence

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

1. The defendant has pleaded guilty to a charge of trafficking in 39.59 grammes of ketamine.

2. On 19 September 2012, police conducted a house search at his home at Room 801 in the Yau Tong Estate in Kwun Tong.  The flat is a public housing unit and the defendant is a registered tenant.  Inside the flat, the police came across the drugs the subject of the charge, an electronic scale and several dozen resealable plastic bags.  He said the drugs were for his own consumption and he had bought them for $1,500.  He said he had bought in bulk because it was cheaper, and he was a sushi chef earning $7,500 per month.

3. The street value of the drugs was just in excess of $8,000.

4. The defendant has appeared before the court on three previous occasions in respect of eight different charges and one of which is drug-related.  In 2003, for possession of dangerous drug, he was fined $2,000.  I note, however, that in 2008 in respect of three charges of theft and two of fraud, he was ordered to serve a period of detention in the drug addiction treatment centre.

5. The defendant is aged 28.  He is single.  He lives alone at the public housing unit where he was arrested.  He was educated to Form 3 level and his parents separated some 10-odd years ago.  He has no contact with his father but he has a good relationship with his mother who has remarried and has three further sons.  I am told that he has an elder brother who has medical problems and he has assisted in making sure that he attends hospital for treatment.  The defendant also has a maternal grandmother who lives alone and because his mother is rather busy, he has been the one who has been responsible for making sure she is looked after.

6. The defendant has been remanded in custody for four months and I understand that he is now remorseful and understands the seriousness of the offence.  He has written a letter to the court, emphasising that he now does appreciate the seriousness of the offence.  He said when he was young, he was curious and influenced by bad friends.  Whilst in custody, he has reflected on his situation and understands that he has to return to the right track.  The defendant has the support of his family.  Notwithstanding her own responsibilities, his mother came to visit him from far away whilst he has been in custody.  

7. I understand that whilst in prison, he has been seeing a priest from the Christian New Life Association, and this has assisted in the defendant re‑evaluating his life and he promised he is not to re‑offend or touch drugs once he is released. 

8. I have a letter from the defendant’s mother who says that she is still supportive and describes her son as being a very helpful son.  She is confident that he will reform.  This letter is reinforced with a letter from the priest, Reverend Cheng, from the Christian New Life Association.  He says that the defendant has reflected on his wrongdoing and he is confident that he will reform.  He asks for leniency for the defendant.

9. The defendant was found in possession of a substantial quantity of drugs.  It was just under 40 grammes of ketamine.  Trafficking in that quantity of drugs attracts a sentence of between 4 to 6 years’ imprisonment.  The defendant I notice had been convicted previously of possession of dangerous drugs and in 2008 he went to the drug addiction treatment centre.  He has therefore, had lots of opportunities to reflect on the gravity of trafficking in dangerous drugs. 

10. I accept that some of these drugs would have been for his own consumption.  I therefore decided to take a starting point of 5 years’ imprisonment and reduce that by one-third to reflect his guilty plea. The defendant will go to prison for 40 months.