HKSAR v. LAI TUNG WAI

DCCC 965/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 965 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134.

2.  You have admitted the Brief Facts, and I convicted you.

3.  What happened is this.  At about 2207 hours on 21 July last, police stopped a taxi outside No 3 Dundas Street, Mong Kok.  You and another male by the name of Tse were seated in the rear seat.  Police searched your shoulder bag and found a black plastic bag which contained the following:

(i) four plastic bags of suspected dangerous drugs, Exhibit 1;

(ii) a plastic bag containing nine empty plastic bags, Exhibit 2; and

(iii) a plastic bag containing 140 empty plastic bags, Exhibit 3.

4.  You admitted, when questioned, that Exhibit 1 contained ketamine and Exhibits 2 and 3 were to store the ketamine.  Therefore, you were arrested and cautioned.

5.  In a subsequent video‑recorded interview given later that day, under caution, you admitted the following:

(i) Exhibit 1 contained ketamine;

(ii) you purchased it that day at about 2000 hours from an unknown person called “Kit Jai” at Hoi Lai Estate, Cheung Sha Wan, for $2,500;

(iii) you met Tse at Lai Kok Estate, Cheung Sha Wan, and the pair of you took a taxi to Mong Kok. You said, “I would use it for my own consumption.”

6.  Exhibit 1, the subject of the charge, the four plastic bags, contained a total of 42.26 grammes of powder containing 32.85 grammes of ketamine.

7.  You possessed Exhibits 1 to 3 for the purpose of trafficking.  At the time of arrest, in your possession the police found $153 and a mobile phone.  The estimated street value of the ketamine was $5,113 approximately.

8.  On your behalf, Mr Lam entered mitigation. He told me that you are 28 years of age, educated to Form 2; and prior to arrest you were working as a restaurant worker earning some $9,500 per month. You reside with your parents.  Your father is 75 and your mother 53.  You have a younger sister aged 23.

9.  You admit your previous convictions.  In fact, they amounted to six previous convictions on five occasions.  Three of those convictions involved dangerous drugs, one being for a similar offence, namely trafficking.

10.  Mr Lam says you are deeply remorseful - you have indicated that remorse via the letter that was written and read to me by Mr Lam and very helpfully translated - and of course your plea of guilty.  In your letter you express your remorse and intention to acquire a skill whilst in prison.  You apologise to your family for the trouble you have caused, and you express a desire to rehabilitate yourself and keep away from unfortunate peer groups.  You ask for leniency.  That theme was echoed by Mr Lam on your behalf.

11.  I turn now to the sentence.  You are a young man of 28 with an undistinguished criminal record, especially in relation to dangerous drugs.  You seem to have been to DATC on five previous occasions.  In fact, that is the only sentence that you have ever served, according to the record. This present conviction shows that DATC has not benefited you.

12.  The offence itself is serious, involving, as it does, trafficking in just under 33 grammes of ketamine.  That quantity, according to the tariff, places it within the starting point range of 4 to 6 years.

13.  I do note that on arrest, you were entirely co‑operative with the police.  That goes to your favour.  I have also taken into account the remorse that you have expressed in your letter to the court, and note your intention to turn over a new leaf.

14.  However, of course, I am sure you have been advised that the major mitigating factor in this case is your timely plea of guilty.  Having said that, a prison sentence is inevitable.  I am sure you have been advised of this.

15.  Given all the factors that I have mentioned, I take as a starting point 5 years’ imprisonment - that is, 60 months - reduced to 40 months for your plea of guilty.