HKSAR v. TSANG HON YIN

DCCC1141/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1141 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you on 18 August of this year at the lift lobby, Ground Floor, Tin Po House, No.660-662 Shanghai Street, Mong Kok, trafficked in 66.41 grammes of a powder containing 55.72 grammes of ketamine.

2.  The brief facts which you have agreed are extremely straightforward and show that at the date and place mentioned in the charge you were stopped and searched by the police, and in your right hand, a small paper box was found which contained 5 resealable plastic bags which contained the ketamine.  

3.  Your premises were searched and an electronic scale and a further 42 resealable plastic bags were found.  In a subsequent video recorded interview you told the police that you had bought the ketamine from a friend for HK$2,300. 

4.  You have a very poor criminal record for drug abuse and you indeed have one previous similar conviction for trafficking in April of 2008 when you received a prison sentence of 19 months. 

5.  The new sentencing guidelines for trafficking in heroin can be found in Secretary for Justice v Hii Siew Cheng and for trafficking in quantities between 10 to 50 grammes, the starting point is between 4 to 6 years’ imprisonment.  You had just over 50 grammes in your possession, I propose to take therefore 6 years as my starting point.  I would reduce that by one-third to take account of your plea of guilty, coming to 4 years’ imprisonment.