HKSAR v. HO TSZ KIN

DCCC 866/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 866 OF 2009

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Reasons for Sentence

1.  The defendant pleaded guilty to 1 charge of trafficking in 53.51 grammes of ketamine.

2.  The events happened on 24 May 2009. The defendant was found possessing a bag of ketamine in his trousers’ pocket at his home in Tseung Kwan O. When cautioned, the defendant admitted buying the drugs for HK$3,200 in Mongkok. In court he admitted possessing the drugs for trafficking.

3.  The bag of drug was examined by the government chemist who confirmed the contents to weigh 62.97 grammes which contained 53.51 grammes of ketamine.

4.  The usual sentence for ketamine trafficking was set out in the June 2008 decision of Hii Siew Cheng (許守城) [2009] 1 HKLRD 1 where the trafficking of 50 to 300 grammes of ketamine would usually attract a term of 6 to 9 years imprisonment.

5.  The defendant, aged 26, is married and has a 1-month-old baby daughter. His wife resides in the mainland. In Hong Kong he lives with his parents in Tsueng Kwan O. The defendant used to work as a salesman, transportation worker and driver, but has become unemployed since 2008.

6.  It was said in the defendant’s mitigation that he intended to keep about 10 grammes of the drugs he had for his own personal consumption (When there is a claim for personal consumption, the court ought to determine factually what portion of drugs was intended for trafficking. The guide to achieve resolution of the factual issues was set out in Wong Suet Hau [2002] 1 HKLRD 69).

7.  To account for the fact that the defendant might have 10 grammes of the bulk of the ketamine he had for his own personal consumption, I adopt a lower starting point of 5 years and 9 months.

7.  I accord him credit for his plea of guilty indicating remorse and reduce his sentence by 1/3.  The sentence I do impose is a term of 3 years 10 months.