HKSAR v. LAU TAT MAN

DCCC 947/2024

[2025] HKDC 1515

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 947 OF 2024

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REASONS FOR SENTENCE

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Charges

1.  The Defendant pleads guilty to 3 charges. 

2.  First, trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134. The particulars allege that on 23 March 2024, while on a light goods vehicle bearing registration mark DJ7873 near Lamppost No. W1807 on the slip road of Tuen Mun Road, Tuen Mun, New Territories, the defendant unlawfully trafficked in a dangerous drug, namely 11.02 grammes of a solid containing 9.16 grammes of ketamine.

3.  Secondly, driving an unlicensed vehicle, contrary to section 52(1)(a) and (10)(a) of the Road Traffic Ordinance, Cap. 374, in that on the same date he drove the said light goods vehicle on a road when it was not registered and licensed in accordance with the Ordinance.

4.  Thirdly, driving a motor vehicle with any concentration of specified illicit drugs, contrary to section 39K(1) of Cap. 374, in that on the same occasion he drove the said vehicle on a road with a concentration of a specified illicit drug in his blood, namely 0.07 microgram(me) of ketamine per millilitre of blood.

Facts

5.  At about 8:30 a.m. on 23 March 2024 a bus driver travelling towards Lamppost No. W1807 on the slip road of Tuen Mun Road, Tsuen Wan, observed vehicle DJ7873 parked on the kerb causing obstruction. She approached the driver, who was the defendant seated in the driver’s seat with the engine running and the handbrake lever pulled up, and asked him to move the vehicle. He disregarded the request, and she reported the matter to the police.

6.  At about 8:40 a.m. police officers arrived. Enquiries revealed that the vehicle licence had expired on 26 January 2024. A search located controlled substances and packaging. At the front door of the driver’s seat there were 4 broken resealable plastic bags containing a total of 0.01 gram of a solid containing ketamine. On the middle passenger’s seat there was a black zipper bag, within which officers found 5 resealable plastic bags containing a total of 4.99 grammes of a solid containing 4.16 grammes of ketamine, and 6 resealable plastic bags containing a total of 6.02 grammes of a solid containing 5.00 grammes of ketamine. In total the vehicle contained 11.02 grammes of solid with 9.16 grammes ketamine (pure).

7.  The defendant had HK$3,703.30 in cash on his person.

8.  A rapid oral fluid test returned a positive result for ketamine.

9.  With the defendant’s consent, a medical officer at Yan Chai Hospital took a blood sample, which the government chemist later confirmed contained 0.07 microgram(me) of ketamine per millilitre of blood.

10.  The estimated street value of the ketamine seized was HK$6,083.04.

11.  On the basis of these facts the defendant unlawfully trafficked in a dangerous drug (Charge 1), drove an unlicensed vehicle (Charge 2), and drove on a road with ketamine in his blood (Charge 3).

Mitigation

12.  The defendant is 43 years of age. He had no previous similar convictions. He was a transportation worker before arrest. He had been a casual drug user since aged 16 or 17.  He went through divorce and poor business in 2009 or 2010 and began to use drugs habitually. 

13.  The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2008] HKCA 197 states that trafficking in 1–10 grammes of ketamine attracts a starting point of 2 to 4 years’ imprisonment, and the band of 10 – 50 grammes attracts 4 to 6 years. The present quantity of 9.16 grammes places this case at the upper end of the 1 – 10 grammes band.

14.  The defence submits that a small proportion of the ketamine was intended for the defendant’s own consumption. Shortly after arrest he was tested and confirmed to have ketamine in his system. Consistent with HKSAR v Chow Chun Sang [2011] HKCA 420, I accept that there was a limited personal-use element and allow a reduction of 10% to the starting point to reflect that factor.

Sentencing Defendant

15.  For Charge 1, I adopt a starting point of 4 years’ imprisonment having regard to the quantity, the multiplicity of retail-sized packets and the cash found. Applying the 10% reduction to recognise the limited personal use yields a term of approximately 3 years and 7 months. The defendant is entitled to a 1/3 discount for his timely plea.  The sentence is 2 years and 5 months’ imprisonment.

16.  Charge 2, driving an unlicensed vehicle, is a regulatory offence. The licence had expired since 26 January 2024, a lapse approaching 2 months by the date of the offence and therefore an aggravating feature. Custody is not called for. I impose a fine proportionate to the lapse, namely HK$1,500.

17.  Charge 3, drug-driving contrary to section 39K(1) of the Road Traffic Ordinance, is a zero-tolerance offence for specified illicit drugs and carries mandatory disqualification. There was no accident, but the vehicle was left obstructing a slip road and the defendant had ketamine in his system. To mark gravity and deterrence, I impose a financial penalty together with disqualification.  The sentence is a fine of HK$8,000, disqualification from holding or obtaining a driving licence for a period of 2 years, to commence today and attending the driving improvement course.

18.  In terms of totality, the trafficking sentence adequately reflects the overall criminality. The fines and the period of disqualification on the road-traffic charges address distinct harms without double-counting the drug-trafficking conduct. No separate custodial term is added for Charges 2 or 3. The total fine of HK$9,500 to be paid within 6 months after release from imprisonment. The total term of imprisonment is therefore 2 years and 5 months.