HKSAR v. CHOW KAM LUNG

DCCC 66/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 66 OF 2010

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Reasons for Sentence

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Charge and facts

1. The defendant pleads guilty to trafficking in a dangerous drug, ketamine, which took place in the evening of 17 October 2009.  Arriving from Zhuhai, Mainland China, he used the “Nothing to Declare” channel of Customs Arrival Hall, Hong Kong – Macau Ferry Terminal Control Point, Sheung Wan to enter Hong Kong.  A search on him yielded a tissue wrapping a transparent plastic bag which contained 28.45 grammes of a powder containing 22.15 grammes of ketamine.  It was found between his right sole and the sock he was wearing.

2. He admitted under caution that he had bought the ketamine at RMB¥800 at a disco in Zhuhai for his own consumption.  It would suffice for 5 days. 

Mitigation put forward

3. The Defendant is 33 years of age, single.  He has been living alone since his mother’s decease in 1999.  He has 2 previous convictions for possession of dangerous drugs but none for trafficking. 

The sentencing guidelines

4. The Court of Appeal in Secretary for Justice v Hii Siew Cheng [2009] 1 HKLRD 1 had laid down sentencing guidelines for trafficking in ketamine.  Between 10 and 50 grammes, the sentence shall be between 4 and 6 years.The drug in question, 22.15 grammes, would fall within the band of 4 to 6 years’ imprisonment. 

Sentencing present defendant

5. Hong Kong has to take stringent measures to clamp down on the flow of dangerous drugs across the border.  I take 4 ½ years as the starting point.  I reduce it by 1 ½ years due to his plea of guilty.  The sentence is 3 years.