HKSAR v. CHAN WING LOK

DCCC 981/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 981 OF 2012

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Reasons for Sentence

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1.  Chan Wing-lok, you have been convicted on your own plea of trafficking in 0.17 kilograms of powder containing 0.13 kilograms of ketamine. These were the drugs that were found by the police when they raided your home in Shatin in the late evening of 13 August last year.

2.  A computer printer in the living room was found to contain 14 bags containing the drugs referred to in the charge.  With the drugs were 94 transparent resealable plastic bags which you admitted were for use by you to pack the drugs for sale.  You told the police that other members of your family living in the flat were not involved.

3.  The estimated street value of the drugs at the time was around HK$21,000. 

4.  You told the police that earlier you had spent $10,000 to buy 250 grammes of ketamine from an acquaintance.  Some of those drugs had already been sold by you.  The drugs that were found in the flat were drugs that you had not yet sold.

5.  I have listened to all that Mr Chan has said on your behalf and I take into account the letters that have been written by you and your parents to the court.

6.  In considering the appropriate sentence I bear in mind that at the time you were 18 years of age and had no previous criminal convictions.  However, you would have been well-aware that drug trafficking is a very serious offence and that very severe consequences would follow if you were caught. 

7.  Courts in Hong Kong are always very reluctant to sentence young persons to imprisonment but your offence is so serious that the court is left with no alternative but to sentence you to a term of imprisonment.

8.  As Mr Chan will have told you, the guidelines laid down by the Court of Appeal provide that the normal starting point for those who traffic in between 50 and 300 grammes of ketamine is a sentence of imprisonment between 6 and 9 years.  You had 130 grammes in your possession for the purpose of trafficking. 

9.  Bearing in mind your age and previous good character, I am prepared to adopt a starting point at the lowest end of the tariff band, namely, 6 years.  You pleaded guilty and are entitled to the usual discount of one-third.

10.  I accordingly sentence you to a term of 4 years’ imprisonment.

11.  I hope that you keep to the promise that you made in your letter to the court, that you will not be involved with dangerous drugs ever again.