HKSAR v. LAM CHUN LAM

DCCC1213/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1213 OF 2011

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to five charges of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134. You admitted the brief facts of each and I convicted you.

2.  The facts were as follows.

3.  Between 3 July last and 14 August last, undercover police officers mounted an operation at a bar called FOXY at the 1st Floor, Multifield Plaza, Prat Avenue, Tsim Sha Tsui.  Disguised as customers, they bought from you on five occasions.  On 14 August, you were arrested.  

Charges 1 and 2

4.  At about 1 am on 3 July last, PW1 went to the bar disguised as a customer.  You approached her and asked if she wanted to buy dangerous drugs and sold her a packet of ketamine, which is E1, for $200.  At about 2.30 am, PW1 approached you and you sold her another packet, which is E2, for $200.      

Charge 3

5.  At about 2.30 am on 9 July last, PW2 went to the same bar in disguise.  You approached her and sold to her a packet of ketamine for $100, E3.   

Charge 4

6.  At about 2.30 am on 7 August, you sold PW2 dangerous drugs for $100, which is E4.

Charge 5

7.  At about 0045 hours on 14 August last, you sold PW2 dangerous drugs wrapped in a $20 note for $100, Exhibit 5. 

8.  You were arrested in the bar.  Under caution, you admitted the offences, stating that you were jobless and you had no money. You went to FOXY to sell K Chai.  In a cautioned interview, the gist of what you said is as follows: 

(1) You obtained the K Chai from one Ah Kueng.

(2) You sold the K Chai in FOXY to earn money.

(3) You admitted all five offences.

(4) You had spent the proceeds on food.

9.  Subsequent analysis of the five exhibits showed the following:

(1) E1 contained 0.57 grammes of powder containing 0.45 grammes of ketamine;

(2) E2, 0.28 grammes of powder containing 0.23 grammes of ketamine;

(3) E3, 0.55 grammes of powder containing 0.43 grammes of ketamine;

(4) E4, 0.26 grammes of powder containing 0.2 grammes of ketamine; and

(5) E5, 0.62 grammes of powder containing 0.48 grammes of ketamine.

10.  According to my calculations, and I think Mr Pang on your behalf accepts this, the total amount of ketamine involved in the five transactions was 1.79 grammes. 

11.  You admitted to one previous conviction, which is for a dissimilar offence.  In all the circumstances, given your light record especially and your domestic circumstances, I asked for a probation officer’s background report, which is now before me and has been agreed.  I have to say that generally that report is satisfactory. 

12.  Mr Pang on your behalf entered the following by way of mitigation.  He said that whilst the probation officer’s report was factually correct, it did not reflect the hardships of your life.  You grew up on the Mainland in a simple family and entered the workforce at an early age. You met your husband and this seemed to be a dream come true.  You were married in 2000.  A son was born to the union and you and your son joined your husband in Hong Kong in 2005.  However, the dream was soon to crumble because you found your husband to be abusive, gambler and a womaniser.   

13.  You are now separated from your husband.  You found yourself in a situation where you had to bring up your son very much alone.  You were to find it difficult to juggle work to support your child with childcare and this led to the commission of the present offences.  Mr Pang said that you are remorseful and during your time in prison you had found comfort in religion.

14.  He said whilst there were five offences, each involved a very small amount of ketamine, and pointed out the first two offences were committed on the same day.  Realistic as always, Mr Pang accepted that prison was inevitable, given that these offences took place in a nightclub and, I would echo also, given the number of the offences.        

15.  Mr Pang urged leniency on your behalf, pointing out that each in its own right fell within my discretionary powers.

16.  I turn to the actual sentence.  I do profess some sympathy for you in the situation you found yourself in.  However, that is not an excuse to turn to illegal drugs trafficking.  There are two aggravating features in this case:  the number of the offences and the fact that they took place in a bar. 

17.  I note from your record this is the first time you have been involved with dangerous drugs.  I also note from the facts that you were entirely cooperative with the police upon arrest and indicated a guilty plea from an early stage.  I accept, as I said, that you did find yourself in a difficult domestic situation and also being parted from your son you find to be a great hardship. 

18.  As I have said, the total amount of ketamine involved in the five offences is 1.7 grammes.  If this had been involved in one offence of trafficking, it would be in the range of 2 to 4 years.   However, I do have to take into account the fact it was on five separate occasions.  My approach has been to pitch the starting point as an overall starting point, assessing your criminality across the board and then giving sentences appropriate to each charge.

19.  Therefore, the following sentences will be imposed:

(1) Charge 1, I take a starting point of 18 months, reduced to 12 for your plea of guilty;

(2) Charge 2, I take as a starting point of 12 months, reduced to 8 months for your plea of guilty. Whilst I note it was committed on the same occasion, for the purpose of the overall sentence that makes little difference. This will be served consecutively;

(3) Charge 3, 18 months, reduced to 12 months for your plea of guilty;

(4) Charge 4, 12 months, reduced to 8 months for your plea of guilty; and

(5) Charge 5, 18 months, reduced to 12 months for your plea of guilty.

20.  The prison sentences on Charges 3, 4 and 5, will all be served concurrently; that is, to each other and to the periods of imprisonment imposed on Charges 1 and 2.  Therefore, the total imprisonment will be 20 months.     

21.  Finally, I thank both of you for your assistance in this case.