HKSAR v. XIONG JIE

DCCC667/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 667 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  You denied one offence of possession of equipment fit and intended for the inhalation of dangerous drugs, contrary to section 36(1) and 36(2) of the same ordinance.

3.  You admitted the facts and I convicted you on the

4.  Briefly, the facts are as follows.

5.  At about 4.30 pm on 3 May last, you were intercepted by immigration officers at Lok Ma Chau Control Point as you entered from the Mainland.  You were taken to an interview room with your luggage for a search.  Upon search, a metal box containing a plastic card and a plastic straw segment, each containing traces of suspected ketamine and some suspected ketamine, was found in the hand-luggage.

6.  You admitted it was ketamine.  You were then taken to a search room in the customs arrival hall for a personal search and baggage examination.

7.  From your handheld baggage was found the following:

(i) the metal box;

(ii) a resealable plastic bag containing suspected ketamine in between a mobile phone and its case;

(iii) a paper bag containing a resealable plastic bag containing suspected ketamine;

(iv) a sanitary napkin containing a resealable plastic bag containing suspected ketamine; and

(v) a metal box containing a plastic straw segment containing traces of suspected ketamine and some suspected ketamine.

8.  You were arrested and cautioned.  You admitted the white powder was ketamine.  All the ketamine belonged to you and was for self-consumption.

9.  The two straws were used to inhale ketamine. You said you bought three packets of ketamine from a manager of a bar in the Mainland for RMB300.

10.  Subsequent analysis by the government chemist revealed the following:

(i) one metal box containing a plastic card, a plastic straw segment and traces of a powder containing a total of 0.01 grammes of a powder containing ketamine;

(ii) three plastic bags containing 15.47 grammes of a powder containing 12.85 grammes of ketamine;

(iii) a metal box containing a plastic straw segment and traces of a powder containing ketamine;

(iv) there was a total of 12.85 grammes of ketamine with an estimated street value of about $1,529.

11.  You are a lady of clear record.  Mr Lam entered mitigation on your behalf. He told me that you agreed with the contents of the antecedent statement, save that you wanted to amend that after leaving school, you had attended university but only for a year.  Also, you had worked as a merchandiser in your brother’s business.  You are 28 years of age.

12.  Mr Lam acknowledged that the offence fell within the tariff of 4 to 6 years’ immediate imprisonment.  Given the quantity of ketamine involved, it should be towards the lower end of that scale.

13.  He emphasised your plea of guilty at the first available opportunity and your clear record.  He confirmed that you brought the drugs to Hong Kong as a user in the Mainland.  They were for self-consumption. He told me that you came as a tourist to visit friends and that you were recovering from a broken relationship.  He urged me to be as lenient as possible. 

14.  I turn now to the sentence.

15.  Trafficking in dangerous drugs is always serious. It is serious to bring drugs into Hong Kong.

16.  I do accept that those drugs were for self-consumption.  I note your clear record and that, from the time of your arrest, you were entirely co-operative.  The amount of ketamine involved is just under 13 grammes.

17.  Taking all matters into account, I intend to take the very lowest end of the scale.

18.  I take as a starting point 4 years’ imprisonment - that is 48 months - reduced to 32 months for your plea of guilty; you will go to prison for 32 months.