HKSAR v. CHAN MAN BUN

DCCC 74/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 74 OF 2013

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Reasons for Sentence

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1.  Chan Man-bun, you have been convicted on your own pleas of two charges of trafficking in dangerous drugs. Both charges relate to your activities on 9 November last year at the building in which you rented a room in Sai Yeung Choi Street South in Mongkok. You were the tenant of a room on the 3rd floor of that building. I am told by Mr Hui, your counsel, that your main home was with your father in Shatin and that you only occasionally spent the night in this room.

2.  At about 7.40 pm on that day, that is 9 November, you were stopped by the police as you came out of the flat in which your room was situated.  In your trouser pocket, the police found two plastic bags containing the drugs that are referred to in the 1st charge, namely, 18.60 grammes of a powder containing 14.10 grammes of ketamine. 

3.  You told the police that you were keeping the drugs for somebody you did not know, who would telephone and instruct you to deliver the drugs to somebody else.  The police then went and searched your room.  I have seen photographs of that room.  It is very sparsely furnished, and it has little more than a bunk-bed and a refrigerator.  On top of the refrigerator, they found the drugs that are the subject of the 2nd charge, 0.12 kilograms of a powder containing 0.08 kilograms of ketamine. Alongside those drugs, there was an electronic scale and also 43 empty resealable plastic bags.  The presence of those items clearly indicates that the room was used for the weighing and packaging of drugs.

4.  You gave a similar explanation to the explanation that you had given in respect of the first lot of drugs, namely, that you were keeping the drugs for people whom you said you did not know and who would call you and tell you to make deliveries.

5.  This was a substantial quantity of ketamine.  It had a street value of over $16,000. 

6.  You were 20 years of age at the time.  Despite your age, you cannot have failed to have been aware of the gravity of the offences you were committing and that if you were caught, you were likely to face severe punishment.  Trafficking in dangerous drugs is a very serious offence.  Courts are normally reluctant to send young persons to prison unless absolutely necessary except where the offence is particularly serious.

7.  This is such an offence, a very serious offence.  An immediate sentence of imprisonment is inevitable.  Your counsel will have told you of the tariffs that are applicable to this sort of offence. Bearing in mind the quantities of drugs involved in this case and the fact that this is the first time you have been before the court, I am prepared to adopt starting points at the bottom of the tariff bands in respect of each charge.

8.  On Charge 1, I adopt a starting point of 4 years’ imprisonment.  In the light of the your plea of guilty, you are entitled to the usual discount of one-third.  I accordingly pass a sentence on you on that charge of 2 years 8 months’ imprisonment.

9.  On the 2nd charge, the greater quantity of drugs, I adopt a starting point of 6 years’ imprisonment.  You are entitled to the usual discount of one-third, and therefore I accordingly sentence you to 4 years’ imprisonment.

10.  I order that both sentences run concurrently, which means that the total sentence that I pass on you is 4 years’ imprisonment.