HKSAR v. NG HOI WING

 DCCC469/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 469 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) & (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that on 26 February, 2010, outside the cark park at Siu On Court, Tuen Mung Heung Sze Wui Road, you unlawfully trafficked in 35.63 grammes of a powder containing 28.56 grammes of ketamine. On the day in question, police officers were mounting an anti-dangerous drugs operation in that Tuen Mun area. At 8 pm an officer observed a private car stopped and parked outside the car park of Sui On Court. You were the driver of that car. After you alighted from the car you were seen to be acting furtively. On seeing this, the officer approached and intercepted you for enquiry.

3.  Upon a body search, three plastic bags containing the drugs were found in your left-front trousers pocket, and cash of $11,980 was found from the right-rear trousers pocket. You were immediately arrested and cautioned at the scene, and you admitted that the powder was ketamine and was for your own consumption. After interviews at the police station, you claimed that the cash was your salary you earned of $12,000 per month.

4.  Miss Corrina Tai Po-yuen, counsel, has mitigated for you on your behalf today. I have taken into account all that she has had to say.

5.  You are 25 years of age, and you have six previous convictions, three of which are for possession of dangerous drugs. You have previously been sentenced to DATC on three occasions. I note you have no previous convictions for trafficking in dangerous drugs.

6.  In summary, Ms Tai has informed me that, as a result of your association with your bad peers you were led to commit this offence. She has explained to you the tariffs laid down by the Court of Appeal for trafficking in ketamine, and has explained to me that you understand you will be spending some time in jail, but you are, of course, willing to face up to it. Nevertheless, you are extremely remorseful for committing this offence and, obviously, disappointed to have let down your mother and your sister. You are single and live with your mother and sister, but your father deserted your family, and you have been the major provider for them. Prior to your arrest you were a lorry driver.

7.  As Miss Tai rightly referred to in her mitigation, the Court of Appeal has laid down tariffs for trafficking in ketamine. If you had been convicted after trial, she correctly says that the amount of drugs you had for trafficking falls within the third band laid down in the case of Hii Siew Cheng, that is the band of between 10 to 50 grammes, of which a term of imprisonment is laid down as 4 to 6 years’ imprisonment after trial. The quantity of drugs that you had trafficked is 28.56 grammes and falls to approximately the mid-way of this quantity.

8.  I consider that had I convicted you after trial I would have taken a starting point of 5 years’ imprisonment. However, giving you full credit for your plea of guilty, which is of course your largest mitigating factor, that term shall be reduced to that of 3 years and 4 months' imprisonment, to which you are so sentenced.