HKSAR v. KWOK HEI YIU

DCCC79/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 79 OF 2009

----------------------

----------------------

Reasons for Sentence

1.  Defendant, you pleaded guilty to a single offence of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

2.  You admitted the brief facts and I convicted you.

3.  The facts are simple in the extreme.  On 22 July of last year, Customs Officers under the authority of a search warrant entered Flat C1, 2nd Floor, 133-135 Electric Road.

4.  Lee Yat-kuen, PW1, was inside the premises.  Inside a cupboard they found a box containing 17 plastic bags of suspected dangerous drugs.  Later analysis showed this to be 187.96 grammes of powder containing 149.73 grammes of ketamine, and an electronic scale.  PW1 claimed he bought the drugs from you for $7,000 at the Sun Chiu Kee Restaurant.

5.  On 20 December, you were arrested and made full and frank admissions. 

6.  You admitted to three previous convictions on the same occasion, none related to dangerous drugs.  In fact, you are now awaiting sentence before the High Court for a much larger quantity of dangerous drugs.

7.  Prior to sentence, I called for and considered a very comprehensive background probation report.  Mr Lam has been taking you through that report and I am told that you agree with its contents.

8.  There was very little that Mr Lam was able to raise in mitigation.  The only matters were your plea of guilty and cooperation with the police.

9.  I note also that this is your first conviction for an offence involving dangerous drugs.  I also note that you are a relatively young man, being only 22 years of age.  I also note that you have the support of your family, who are with you here in court today.

10.  This is a serious matter.  There are new tariffs set applying to the trafficking in ketamine, which I must apply.  The amount of dangerous drugs involved in this case is almost 150 grammes.  The starting point I take reflects what mitigation there is, especially your relative youth and your cooperation with the authorities.

11.  In all the circumstances I will take the lowest starting point I possibly can and that is one of 6½ years, being 78 months’ imprisonment.  You are entitled to and receive a one-third discount, that is a discount of 26 months.  Stand up, please.  Therefore you will go to prison for 4 years 4 months, which is 52 months’ imprisonment.