HKSAR v. CHAN KI WAI

DCCC512/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 512 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you on 9 March 2011 outside the Tsui Ping Estate Carpark, unlawfully trafficked in 50.63 grammes of ketamine.

2.  The facts which you have admitted are extremely straightforward.  Quite simply, you were seen acting suspiciously at the above location and subsequently stopped and searched.  From your right front trousers pocket four transparent plastic bags containing the drugs were found.  You told the police that you were delivering the ketamine for a person named Ah Sing and you were promised a financial reward of between HK$800 and HK$900.

3.  You are 27 years of age and have a hitherto clear criminal record.  I am told that you committed the offence due to financial difficulties.  That may be so, but by committing this offence, of course you have brought shame not only to yourself but also to your family and friends.

4.  The sentencing guidelines for trafficking in ketamine are set out quite clearly in the case of Hii Siew Cheng, HKCA200/2008, and for trafficking in 50 to 300 grammes of ketamine the starting point is 6 to 9 years’ imprisonment. 

5.  In your case, you were trafficking in 50.63 grammes of ketamine.  Accordingly, I adopt a starting point of 6 years’ imprisonment.  I will reduce that by one-third to take account of your plea of guilty, coming to 4 years’ imprisonment.

6.  As this is your first offence, I am prepared to give you a further reduction of 2 months’ imprisonment to reflect this, coming to 3 years 10 months’ imprisonment.