HKSAR v. YAU LOK MAN

HCCC 437/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 437 OF 2014

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

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COURT: The defendant has pleaded guilty in the Magistrates Court to one count of trafficking in a dangerous drug, namely 15.02 grammes of a powder containing 7.55 grammes of ketamine. He had also pleaded guilty to a second charge of trafficking in a dangerous drugs on the same day, namely 207.08 grammes of a powder containing 135.69 grammes of ketamine. He has been committed to this court for sentence.

The facts are that on 27 March this year he was arrested shortly before 6 pm having been seen walking out from the entrance of Hoi Ming Mansion. He was intercepted by the police and upon search a packet of ketamine was found stuck on the inner left side of his jacket and also stuck on the inner front side of his T-shirt were two packets of ketamine. These drugs formed the subject matter of the first charge. Under caution the defendant admitted that these drugs were repackaged by him for selling to others.

The police took him back to his room in Hoi Ming Mansion and, using his keys to unlock the flat and then his room, the drugs which is the subject matter of the second charge were found inside that room. Inquiries revealed that the defendant had rented this room for one year from 29 December 2013 to 28 December 2014 and the rent was $3,800 a month.

Apart from the drugs that were found inside this room, were also found a bag containing $7,200 in cash and also packaging material like an electronic scale, scissors and bundles of transparent plastic bags. Also found on the bed was a notebook which the defendant admitted in a cautioned interview were for recording his drug trafficking transactions.

He also admitted under caution that it was because of his financial problem, he had owed someone $100,000-odd, that is why he decided to engage in this nefarious activity of drug trafficking. He also admitted that the $1,000-odd cash seized from his person were proceeds from drug trafficking and also the $7,200 cash found inside the carry bag inside his room were proceedings of drug trafficking.

The retail value of all the drugs seized was in the region of HK$26,208.

The defendant has a clear record and is aged 24. In mitigation, Ms Wong has said everything she could possibly say on his behalf in explaining why this young man fell in to this evil trade of drug trafficking and it was due to his foolish investment in a friend’s pub that caused him to borrow money from a finance company and when the pub ceased business shortly after his investing in it, he found himself in enormous debt and that is why Ms Wong said that he foolishly submitted to the temptation of making quick money by doing drug trafficking.

It is clear from the defendant’s initial confession to the police and his early plea that the defendant has shown remorse, genuine remorse. That is really the only mitigating factor in this case. It is often and most usually the case that people like the defendant fall into this trade because of financial circumstances, so it is not really a mitigating factor, because we cannot forget that when these drugs are distributed to the local community, it causes a lot of tragedy in society affecting our young people and old alike.

As Ms Wong correctly pointed out, the Court of Appeal, in recognition of the evil that drugs do to our community, has set down sentencing guidelines for trafficking in ketamine in the case of Hii Siew Cheng [2009] 1 HKLRD 1. In that case the recommended guideline sentencing for trafficking in 50 to 300 grammes of ketamine, a sentence of 6 to 9 years’ imprisonment is recommended after trial. The total amount of ketamine in this case is 143.24 grammes, which would give us a starting point in the region of 7 to 7 and a half years.

I am grateful to Ms Wong for drawing my attention to other similar cases in the Court of First Instance of sentencing for similar amounts of ketamine. However, each case is different and turns on its own facts.

I do take into account the fact that the defendant has a clear record and I also take into account the fact that the evidence showed that the defendant was actually running a repackaging centre in his own little way in his own little room. I also take into account the fact that, as I have said, the defendant has shown a genuine remorse and has fully confessed to the police and subsequently pleaded guilty at the earliest opportunity. So I will therefore take a 7 year starting point for the whole of the amount of drugs.

In relation to Charge 1 I would sentence the defendant to 3 years as a starting point, but because of his plea it is reduced to 2 years’ imprisonment.

In the second charge, I sentence him to 7 years as a starting point, again reduced to 4 years 8 months because of his plea. This 4 years 8 months will be served concurrent to the 2 years in Charge 1.

So the defendant will go to prison for 4 years and 8 months.