HKSAR v. LAW MAN FUNG

HCCC 529/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 529 OF 2013

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

Background and the Facts

The defendant pleaded guilty to one count of trafficking in a dangerous drug in the Eastern Magistrates’ Courts on 29 November 2013. This morning, he confirmed his plea and accepted the Summary of Facts.

Briefly, in the afternoon of 19 May 2013, the defendant was stopped by the police outside a public toilet near a shopping centre in Ma On Shan. Upon search, the police found from the defendant’s shoulder bag a transparent plastic bag which contained the drug particularised in the count; that is, a total of 0.24 kilogramme of a powder containing 0.2 kilogramme of ketamine.

Under caution, the defendant admitted that the powder was ketamine and that he had bought it at HK$15,000 for reselling to his friends. In a subsequent video recorded interview, the defendant reiterated his admissions and provided further particulars. The estimated street value of the drug seized in this case was about HK$30,000.

Mitigation

The defendant will be 19 years of age in a week’s time. He is single and was living with his family at the time of his arrest. The defendant received education up to form 3 level and quitted school afterwards, then he first worked as a vehicle mechanic apprentice, later a hair stylist trainee and finally a delivery worker, earning about HK$9,000 per month.

It was said that at the time of the offence, the defendant had not had enough work for about a month and was depending on the pocket money given to him by his parents for his spending.

The defendant was convicted of common assault in February 2011 and was given a probation order for 12 months. He was 16 years of age at that time.

In mitigation, Mr Edwin Choy, for the defendant, submitted that the defendant is truly remorseful and, given the family support he has, there stands a good chance that the defendant would indeed turn over a new leaf. In the circumstances, Mr Choy urged this court to pass as lenient a sentence as possible.

Letters written by the defendant himself, his family members and his social worker, were also submitted to the court.

In short, all spoke of the defendant’s determination to reform himself. At the same time, the defendant said that in the past, he had been led astray by his undesirable peers and had therefore committed the offence in the hope of earning quick money.

Sentence

In SJ v Hii Siew Cheng & Another [2009] 1 HKLRD 1, the Court of Appeal laid down the tariffs for trafficking in ketamine. For trafficking 50 to 300 grammes of ketamine, a term of imprisonment of 6 to 9 years is called for.

Having considered the facts of this case, that a total of 200 grammes of ketamine was involved and the defendant’s background, I am of the view that the most lenient starting point is one of 7 years and 3 months.

When adopting this starting point, I have completely ignored the defendant’s previous conviction of common assault, for it was a relatively minor offence and was of a different nature.

The defendant pleaded guilty and he will receive a one-third reduction in sentence. Other than this, there is nothing which would warrant any further reduction in sentence. 7 years and 3 months reduced by one-third is 58 months’ imprisonment.

The defendant is therefore to serve a term of 58 months.