COURT: The defendant pleaded guilty to one count of trafficking in dangerous drugs on 20 February 2025. He was committed to the Court of First Instance for sentence. Today he confirms his plea and admission of the Summary of Facts.
The particulars of the charge are that the defendant on 30 November 2023, at Room 1140, Hong Tai House, Cheung Hong Estate, Tsing Yi, New Territories, unlawfully trafficked in dangerous drugs, namely, 112.35 grammes of a solid containing 85.63 grammes of cocaine and 211.16 grammes of a solid containing 170.37 grammes of ketamine.
The police, obviously acting on information, obtained a search warrant for these premises and gained entry after 6 pm on the offence date. The defendant’s father was leaving the premises, which allowed the police to gain entry. Defendant lived there with his parents and younger brother.
On a table on the defendant’s lower bunk bed, the police found the drugs in numerous plastic bags of different weights, electric scales, empty plastic resealable bags, and other paraphernalia needed to weigh and package drugs, ultimately for distribution. The defendant was arrested and he admitted packing and delivering drugs on instructions for monetary rewards. He said his family had no idea of his activities.
The defendant admits unlawfully trafficking in both types of drugs and agrees the estimated retail value of the cocaine was $262,113 and the ketamine, $131,342.
Mitigation
The defendant is now 23 years old and had a clear record. After finishing school, he became an elevator repair apprentice and had a full-time job, but the COVID pandemic affected his employment and he was made redundant. He did work for some time in 2022 as a construction worker. But at the time of his arrest, he was unemployed. His best mitigation is his plea of guilty at the earliest opportunity. Ms Ling has said all she can say on his behalf in mitigation.
Ms Ling put forward an explanation in mitigation. He was tempted by an old school friend who promised an easy job for quick and good money. He could store some goods and make some deliveries for $16,000 a month. Those goods were delivered to him and when he opened the goods, he realised they contained dangerous drugs. He tried to return the drugs but was told if he quit the job, he would need to repay $30,000 as compensation. Since he did not have the money, he kept the drugs and followed instructions to repack drugs into smaller packets and make deliveries.
Ms Ling is not trying to suggest that that is a mitigation I should place weight upon. It is very easy to say, “I was forced and had no choice but to commit this offence.” In my view, it is just as easy to say no. After all, he was 21 years old at the time, not a very young teenager.
I do have a mitigation letter from the defendant’s parents who are very supportive and accept the defendant’s remorse as genuine. I have a letter from the defendant who deeply regrets committing this offence and disappointing his family. He is grateful for their continued support despite his mistake.
Sentencing
I have considered the approach to sentencing those that traffic in dangerous drugs. With the Court of Appeal’s guidance in the most recent authority, HKSAR v Lee Ming Ho 2024] HKCA 150, I now consider the six steps as set out in HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290.
In the approach to sentencing, a number of steps have been identified which the court should take, such as assessing the gravity of the offence and applicable guideline; identifying the defendant’s role; where within the guideline the defendant should lie; any aggravating factors; any mitigating factors, and lastly passing a sentence which is fair, just and balanced in all the circumstances of the offence and the defendant.
The first step is to assess the gravity of the offence and identify the applicable guidelines according to the drugs seized. Here there are two types of drugs. The most serious drug was the cocaine.
Sentencing guidelines for ketamine is found in the authority of Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, and the starting point for trafficking between 50 to 300 grammes of ketamine will be between 6 to 9 years’ imprisonment. Mathematically speaking, the total weight of 170.37 grammes of ketamine here alone will attract a starting point of 7 years and 5 months’ imprisonment.
The sentencing guidelines for cocaine is found in the most recent authority of HKSAR v Huang Ruifang [2025] HKCA 234. The starting point for trafficking in cocaine between 50 and 200 grammes is 8 to 12 years’ imprisonment. Mathematically speaking, trafficking in 85.63 grammes of cocaine alone attracts a starting point of 8 years and 11 months’ imprisonment.
I will take into account the two types of drugs I have just referred to, a cocktail of drugs. The individual approach would be unfair here. I take the view that the combined approach should be adopted here using cocaine as the base drug, as it is the most potent and serious drug. I intend to convert the ketamine into cocaine to find a mathematical starting point. After the conversion, I calculate a total of 128.22 grammes of cocaine, which will mathematically attract a starting point of 10 years and 1 month imprisonment.
I am satisfied that the role of the defendant is one of storekeeper and courier. This is a position at the bottom of the hierarchy of drug traffickers. I find the mathematical starting point of 10 years’ imprisonment appropriate in this case.
Fourth and fifth steps require me to consider whether there are any aggravating factors or any exceptional mitigating factors. I see no such factors in this case.
The defendant pleaded guilty at the earliest opportunity and is entitled to a full one-third discount. I will take the starting point of 10 years and reduce it by one-third. The defendant is sentenced to 6 years and 8 months’ imprisonment.
With the last of the six steps in mind, I consider this sentence to be fair, just and balanced in the light of the circumstances of the offence as well as the defendant.
Accordingly, the defendant is sentenced to a total of 6 years and 8 months’ imprisonment.