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HCCC49/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 49 OF 2011
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HKSAR |
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v. |
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Hong Ming-cheung |
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| Before: |
The Honourable Mr Justice Macrae |
| Date: |
12 April 2011 at 10.20 am |
| Present: |
Mr W T Chiu, SPP of the Department of Justice, for HKSAR
Mr George J Fenton, instructed by Messrs Christine M Koo & Ip, assigned by D.L.A., for the Accused |
| Offence: |
Trafficking in a dangerous drug (販運危險藥物) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: The facts in your case are depressingly familiar. You are a young man who, two days before this offence, had just turned 19. Notwithstanding your young age, you were obviously no stranger to the world of drugs, having a previous conviction for possession of drugs when you were 17, for which you were sent to a Training Centre. Now, at the age of 19, having been sucked into the lucrative ketamine trade in the hope of making some quick money, you face several years in prison which is hardly an auspicious start to your young life.
The root of your problem, as you recognise in the letter that you have written to me, is, or appears to be drugs, and until you realise the harm you are doing to yourself and to your family, you face a downward spiral which will inevitably result in you wasting your life away. I am, however, impressed by the letters I have received from you and from the pastor of the Prison Visiting Association who has been seeing you in prison. It seems that you are beginning to see and understand the underlying problem. I hope you will persevere under the influence of the pastor to recognise the nature of your problem and that you will, in due course, turn out to be a useful member of society.
The quantity involved in this case would, as your counsel accepts, attract under the guidelines for ketamine in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1, a sentence of 7½ years after trial, the relevant band applicable being 50 to 300 grammes which attract sentences of 6 to 9 years’ imprisonment. 179.73 grammes of ketamine comes right in the middle of that tariff band.
You do not have a clear record and the only real mitigation in your case is that you pleaded guilty at the earliest opportunity. You were, of course, caught red-handed and put up a struggle, which was suppressed with the help of two civilian passers-by. Nevertheless I intend to give you a full one-third discount for your plea entered in the Magistrates’ Court.
Taking a starting point of 7½ years and allowing you a one‑third discount for your plea, the sentence of this court is that you go to prison for 5 years.
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