HKSAR v. CHOW KWOK KEUNG

DCCC 31/2020

[2020] HKDC 917

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 31 OF 2020

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REASONS FOR SENTENCE

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1.  The defendant pleaded guilty to one charge of trafficking in a dangerous drug[1].

Admitted Facts

2.  At around 12:20 a.m. on 15^th October 2019, police officers were conducting anti-crime patrol at Tak Sing Alliance Building, No. 115 Chatham Road South, Tsim Sha Tsui, Kowloon, in Hong Kong (“the Building”) and intercepted the defendant on the ground floor of the Building.

3.  Upon search, one resealable plastic bag containing 13.4 grammes of a solid containing 11.6 grammes of ketamine was found at the waistband of the defendant’s underpants.

4.  The Government Chemist subsequently confirmed the narcotic content of the drugs seized. The estimated street value of the drugs seized was around HK$6,600.

5.  The defendant now admits that at all material times, he was in possession of the drugs seized for the purpose of unlawful trafficking.

Criminal Record

6.  The defendant has had one criminal record dated 24 July 2015, namely Conspiracy to Trafficking in Dangerous Drugs. The defendant was sentenced to 41 months’ imprisonment. 

Mitigation

7.  The defendant was born at Waichow, Mainland China on the 26^th June 1994, now 26 and single. He came to Hong Kong for good in 2009.

8.  The defendant has:

i)  a father, aged 65, retired.

ii)  a mother, aged 40, a part-time waitress;

iii)  an elder brother, 31 years of age, and an elder sister, 30 years of age, both married and living apart with their own family.

9.  As the defendant’s parents are divorced, he was brought up by his mother.  The defendant has been living with his mother in a subdivided room for 5 to 6 years before the present offence.

10.  The defendant was a transportation worker earning about HK$20,000.00 per month and contributing about HK$8,000.00 monthly to his mother for family expenditure. Since the defendant was detained, his mother had to take up two jobs to make ends meet and had to lead a very hard life. The defendant’s father suffered from bone spurs and had undergone operation and was of poor health.

11.  In the defendant’s mitigation letter, the following points were put forward:

i)  The mistake was committed because of the wrong way he adopted to earn quick money. His mistake affected not only his youth, but also his parents and his friends. His mother had to spend time visiting him. She had no time to rest herself and her health deteriorated.

ii)  The defendant felt sorry for not being able to support his family as a result of this offence.

iii)  During this period of remand, the defendant understands he had to bear the consequence of his mistake. As he is no longer young, he will first think of the consequences before acting, and to lead a responsible life.

iv)  The defendant quitted smoking in the first few months of detention. He had turned a new leaf. He started learning English. Every day he takes physical exercise and plans to become a coach in physical fitness in the future. The defendant asks the Court to give him a chance.

12.  In a mitigation letter written by Md Wong Ho Ching, Centre Officer, PS33 Counselling Services for Psychotropic Substance Abuser, Hong Kong Christian Service, the following points were put forward:

i)  Md Wong Choi Yin, the defendant’s mother, started to receive counselling services due to her emotional disturbance caused by drug abuse of her son, and she tried to persuade her son to receive counselling services against drugs abuse.

ii)  In the course of receiving the counselling services, Md Wong discovered that she all along put the blame of her son’s drug abuse problem on her poor performance in her parental role. This affected her emotion and health well-being. The conditions of Md Wong even deteriorated since the defendant’s arrest. As the mother, she had always played the role of a father. The disappearance of her son increased her sense of guilt and loneliness, causing her frequent sleeping problem.

iii)  The Centre asks the Court could kindly consider Md Wong’s love and thoughts over her son and her health conditions, and to be as lenient as possible.

Sentence

13.  In Secretary for Justice v. Hii Siew Cheng[2], the starting point for trafficking 10 to 50 grammes of ketamine is 4 to 6 years imprisonment. According to strict mathematics, the appropriate starting point for 11.6 grammes would be 48.96 months.  Giving the defendant full credit for his plea of guilty, the sentence is reduced to 32.64 months, or 32 months and 19 days.    

14.  In his mitigation letter, the defendant shows remorse and promised to turn a new leaf.  However, this is his second drug trafficking offence, in the last 5 years.  I see no reason for any further reduction in sentence.  Therefore, the defendant is sentenced to 32 months and 19 days.