HKSAR v. TONG KIT HOI

 DCCC728/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 728 OF 2009

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Reasons for Sentence

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1.  Defendant you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that on 8 April 2009, at the Lift Lobby, 20th Floor, On Lai House, On Tin Estate, Lam Tin, Kowloon, you unlawfully trafficked in 22.03 grammes of a powder containing 17.08 grammes of ketamine.

3.  On the day in question, a police officer observed you entering into On Lai House in a quick pace and followed you up to the 20th Floor. The police officer saw you wandering around the lift lobby and the staircase and thus intercepted you to conduct a search on you.

4.  Two plastic bags were found inside your jeans which contained a total of 14 plastic bags of drugs, namely, ketamine. The police officer then arrested you and cautioned you. Under caution, you said that the drugs were for your own consumption. You have admitted in this court that the drugs were in your possession for the purpose of trafficking.

5.  You are 22 years of age and have five previous convictions, of which none are related to drugs. From your record most of those are related to dishonesty offences, being theft and robbery, for which you were sentenced to probation, Detention Centre, Training Centre and imprisonment. At the time of committing this offence you were unemployed, and as your solicitor Mr Lai has said on your behalf, you had trafficked in these drugs as you wanted to earn some quick money by going to internet bars and selling them.

6.  You are a young man and clearly it appears from your record that your offences have become more and more serious. As I am sure you are well informed, the offence of trafficking in dangerous drugs is a very serious offence. There are clear guidelines set down by the Court of Appeal for trafficking in ketamine. In following the case of Hii Siew Cheng, the amount of drugs falls within the third bracket of 10 to 50 grammes, which warrants a term of 4 to 6 years’ imprisonment as a starting point after trial.

7.  Given the amount of drugs you had for trafficking, I take a starting point of 4 years’ imprisonment. Giving you full credit for your plea of guilty, that sentence shall be reduced to one of 2 years 8 months’ imprisonment, to which you shall be so sentenced.