HKSAR v. NG KA HO

DCCC425/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 425 OF 2010

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Reasons for Sentence

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1.  Ng Ka-ho, you have pleaded guilty to trafficking in 14.77 grammes of a powder containing 12.18 grammes of ketamine.

2.  You were stopped by the police on the evening of the 23 February this year in the vicinity of a convenience store in Choi Wan Estate. The drugs which are the subject of this charge were in your possession in two plastic bags, one larger than the other. When the police revealed their identity, you tried to hide the fact that you were in possession of these drugs by placing them in your mouth. The police saw what you had done. There was then a brief struggle before you were subdued. You then spat out the drugs. You told the police at the time that the drugs were for your own consumption and for the consumption of your friends.

3.  The police also found that you were in possession of a mobile phone and a plastic resealable bag containing 47 small empty transparent resealable plastic bags. You claimed that these bags were for repackaging the drugs in order that you could supply them to your friends.

4.  The drugs had a retail value at the time of $1,750.

5.  I have listened to all that your counsel, Miss Chow, has very eloquently said on your behalf. You are a young man of previous good character. At the time of your offence you were only 19. You come from a family who is clearly very concerned about the situation you have got yourself into. It is clear that they care about you deeply. I am told that they feel some responsibility for your present situation. I have been told that you come from a family that at one stage was quite comfortably off. Due to economic circumstances, your family had to move several times, each time to smaller accommodation. These moves meant that you had to move from St Joseph’s College, where you were originally studying.

5.  On top of that, your family life was disrupted by your mother moving out from your father in order to live with her boyfriend and taking you and your sister with her.  I am told that your mother’s relationship with this man was not a happy one, and ultimately led to you leaving home.  Fortunately, your parents are now reconciled and living together.

6.  Miss Chow tells me that your father is anxious that you should be able to join him in his bedding business.

7.  All these are circumstances which might have had greater significance if the offence of which you are convicted did not involve trafficking in dangerous drugs.

8.  Trafficking in dangerous drugs is an evil and dangerous business. It directly affects the lives and health of others. Circumstances of personal mitigation can carry little weight.

9.  The normal starting point, as you know, for those who traffic in between 10 and 50 grammes of ketamine is between 4 and 6 years’ imprisonment. In your case I am prepared to adopt a starting point at the bottom of that tariff band. That is to reflect the mitigating circumstance which I have mentioned, and the fact that some of these drugs may have been for your own consumption.

10.  The starting point I adopt is one of 4 years’ imprisonment. You are entitled to the usual discount of one-third to reflect your plea of guilty. I accordingly sentence you to 32 months’ imprisonment.