HKSAR v. LAU CHUN MING

DCCC743/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 743 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two offences of trafficking in dangerous drugs, contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.  You admitted the Brief Facts and I convicted you.

2.  The Brief Facts were as follows.  At about 7 pm on 16 May of this year, police officers were on anti-drugs operation at Kiu Kiang Street of Sham Shui Po.  At about 8.50 pm, two officers intercepted you.  You were searched and four plastic bags containing suspected ketamine and one transparent resealable plastic bag containing empty transparent resealable plastic bags wrapped in tissue were found in your front right trousers pocket.

3.  You admitted the ketamine was for your own consumption but said you occasionally treated your friends free of charge.  The officers also seized four keys, two mobile phones, $1,420 and a rental agreement.  You were then escorted to your home and they entered, using the key.  The premises were searched and a plastic bag was found in a wardrobe.  This contained four plastic bags of suspected ketamine, three plastic bags containing empty plastic bags, electronic scales, a metal spoon and a lighter.

4.  Subsequent analysis by the government chemist confirmed that the first four plastic bags contained 56.13 grammes of powder containing 47.88 grammes of ketamine, and the other four plastic bags contained 104.93 grammes of powder containing 88.73 grammes of ketamine.  You admitted to one previous conviction.  Whilst it was a long time ago, it too was drug-related. 

5.  As you will recall, on the last occasion when you entered your plea of guilty, I adjourned the case for a probation officer’s background report.  That report is before me.  I have considered that report and I understand that you agree to its contents. 

6.  On your behalf, Mr Kam entered mitigation.  Inter alia, he told me that you came from a broken home and that you had lacked supervision since your mother left the family.  From the report, I glean that you are educated up to Form 3 and had a good working record with regular contributions to the family.

7.  Mr Kam referred to your light criminal record which comprises one offence of possession of cannabis from some 13 years ago when you were fined.  Your plea of guilty and remorse were stressed.  I noted that all members of your family have attended court to offer support, and this is a positive aspect.  Mr Kam told me - and this is confirmed by the report - that you and your cohabitee intend to marry upon your release.  I was given five letters of support which I have taken into account.

8.  In sentencing you, I took into account the contents of the report, the mitigation advanced, the nature and facts of the case.  I noted that your record is light.  I accepted you are remorseful and enjoy the support of your family.  Having said that, trafficking in drugs is a very serious offence indeed, and here it involves over 140 grammes of ketamine.  On the face of it, this was at least a borderline case for the Court of First Instance.

9.  Taking all factors into account, I will be as lenient as I can with you.  And whilst there will be separate sentences for each of the offences, my approach is to take an overview of the situation.  On the first offence, I take a starting point of 6 years’ imprisonment reduced to 4.  You will go to prison for 4 years.  On the second offence, I take a starting point of 6 years and 9 months’ imprisonment reduced to 4 years and 6 months for your plea of guilty.

10.  Applying what I have previously said and also the principle of totality and being as merciful as I can, those two sentences will be served concurrently, that is, together.  This means I take an overall starting point of 6 years and 9 months.  So for the avoidance of any doubt, you will serve 4 years and 6 months minus such time as you have spent on remand.