HKSAR v. SIU TAK WING

HCCC 341/2017
[2018] HKCFI 361

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 341 OF 2017

-----------------

------------------

---------------------------------------------

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

---------------------------------------------

COURT:

Mr Siu, you pleaded guilty to two counts of Trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134, on 11 September 2017 before the Eastern Magistracy.

Count 1 involved 27.4 grammes of methamphetamine hydrochloride, or ‘Ice’ as it is commonly called. Count 2 involved 244.5 grammes of ‘Ice’ and 33.76 grammes of ketamine. The street value of those drugs in total was $94,890, made up of $79,442 worth of ‘Ice’ and $15,448 worth of ketamine.

The Summary of Facts has been read out to you and you have confirmed that they form the basis of your plea. You are formally convicted upon that plea. In gist, you were intercepted by officers at the mini bus stop near Exit B in Mongkok East MTR Station, when you came out of your Honda private car with a licence plate PN 2979. At that time you were found with one packet, the 27.4 grammes of ‘Ice’, which you admitted delivering to others for a reward of $100. Upon a further search of the car, 20 other packets containing a total of 244.5 grammes of ‘Ice’ and 14 packets containing a total of 33.76 grammes of ketamine were also found.

I note you were cooperative on arrest and you made a full admission under caution. You said in your video- recorded interview that you had driven the car in order to deliver drugs for another male who you referred to as “Ah Chak”.

Mr Siu, you are 29 years of age, educated up to Form 5. You have previously worked, as Mr Lee has told the court, as a driver for over 10 years, as well as being a construction site foreman. At the time of your offending you were working as a driver with a daily income of about $650. You have a clear record and I have taken that into account. Nonetheless, you admitted to this court to being a drug user and you say that you started to smoke cocaine only a month before the offending took place.

Mr Lee, submitted on your behalf, that you had been fully cooperative with the police and that is evidenced by the fact that you told the police where to find the drugs within your car. You were earning a good salary at the time of your arrest and no doubt that would have helped your family financially. So, as a result of your arrest, unfortunately they will no longer have that assistance or any other support that you provided.

On Count 1, in accordance with the guidelines set out in HKSAR v Tam Yi Chun [2014] 3 HKLRD 691, the sentencing range for between 10 and 70 grammes is 7 to 11 years. For 27.4 grammes, the appropriate starting point for sentence after trial would be 8 years and 3 months. You will receive a discount of one-third from that sentence, which makes 5 years and 6 months.

On Count 2, in accordance with the guidelines in Tam Yi Chun, for between 70 and 300 grammes the sentencing range would be between 11 and 15 years for ‘Ice’, and therefore an amount of 244.5 grammes would attract a starting point after trial of 14 years.

Ketamine falls to be dealt with under the guidelines in HKSAR v Hii Siew Cheng [2009] 1 HKLRD. For between 10 and 50 grammes the starting point after trial should be between 4 and 6 years. For 33.76 grammes of cocaine, therefore, it would attract a sentence of approximately 5 years and 2 months.

If I considered those two drugs together, that would make a total sentence of 19 years and 2 months, which far exceeds the criminality of your offending. I have therefore taken into account the decision of the Court of Appeal in Chan Yuk Lun, CACC 318/2013 and I have adopted the ratio test as being the approach most favourable to you. So under Count 2, the starting point should be, on that test, 13 years and 9 months, which after an appropriate discount, would be 9 years and 2 months.

As I consider that these offences took place at the same time and place and from the same reserve of drugs, I have also considered the sentence which would have been passed if they had formed part of one count. On the ratio test, that would have been 14 years and 6 months, which after discount would have been 9 years 8 months. But I also think some credit should be given to you for actually being full and frank with the police and the authorities at all stages.

You will go to prison for 5 years and 6 months on Count 1. You will go to prison for 9 years and 2 months on Count 2, 6 months of which in all other circumstances would be served consecutive to Count 1. But I am going to give you a small extra credit for your genuine remorse as evidenced by your attitude towards the police upon arrest, and therefore you will only serve 3 months of Count 1 consecutive to Count 2. So you will therefore serve a sentence of 9 years and 5 months in total.