HKSAR v. CHOW PAK HEI

DCCC 344/2025

[2026] HKDC 357

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 344 OF 2025

________________________

________________________

________________________

REASONS FOR SENTENCE

________________________

The defendant faces a "trafficking" charge (Charge 1)  and a charge of "Possession of offensive weapon in a public place" (Charge 2).

2.  He pleaded guilty to Charge 1.  I granted the prosecution's application to leave Charge 2 on court file; not to be proceeded against the defendant without leave of court.

Summary of Facts

3.  About 4:55 p.m. on 11 July 2024, Sgt 5874 (PW1)  saw a private car ZD7495 ("the Car")  illegally parked on Tin Shui Road, Tin Shui Wai.  The defendant was in the driver's seat and a woman (Female A)  was in the front passenger seat.  PW1 also noticed that the front and rear number plates of the Car did not match the registration number shown on the vehicle licence.  He requested the defendant and Female A to alight from the Car.

4.  Upon search, the following items were found in the Car :-

In the compartment on the right side of the steering wheel:

(i)  a black plastic bag containing 1 transparent resealable plastic bag containing 70 transparent resealable plastic bags which contained a total of 10.24 grammes of a solid containing 6.59 grammes of cocaine;

In the glove box of the front passenger seat:

(ii)  a black plastic bag containing 3 transparent resealable plastic bags respectively containing 50 transparent resealable plastic bags which contained a total of 19.71 grammes of a solid containing 16.47 grammes of ketamine; 10 transparent resealable plastic bags which contained a total of 3.96 grammes of a solid containing 3.29 grammes of ketamine; and 13 transparent resealable plastic bags which contained a total of 1.95 grammes of a solid containing 1.60 grammes of cocaine;

In the centre console:

(iii)  a black plastic bag which contained 3 bundles of cash in the sums of $17,260, $16,170 and $10,700 respectively; attached to each bundle was a sticky note with the respective amounts, dates (8 July, 9 July and 10 July)  and the Chinese character 熙 written on it.

5.  The defendant was also searched.  Cash in the sum of $7,790 was found in his pocket.  Cash in the sum of $2,450 and a mobile phone were found in his bag.  A key to the Car was also found on him.

Admissions

6.  Upon arrest, the defendant remained silent at first.  Shortly afterwards, he indicated he had something to say.  Under further caution, the defendant admitted possession of the drugs found and having control of the Car.  He claimed that Female A did not know anything.

Mitigation & Sentence

7.  The defendant is 21 and has a clear record.  Defence counsel Mr. Yim informed me that the defendant is single and resides with his parents and 2 sisters.  He was educated up to Form 4.  In mitigation, Mr. Yim submitted that the defendant was only 19 at the time of the offence.  Having been remanded in jail for 1 year and 7 months, he has reflected on his wrongdoing.  He is determined to turn a new leaf.  During his time at Pik Uk, the defendant has completed a course in Microsoft Office and has obtained his Construction Safety Card.

8.  Drug abuse has been a long-term problem in our society.  A clear message must be conveyed to the general public that "drug trafficking" is a serious crime (be it in the capacity of a seller, courier or storekeeper)  and that drug traffickers (even fresh young offenders)  would most certainly be punished by long-term imprisonment.  As a judge, I see day in and day out persons in my court being charged with "drug trafficking".  Many of them were just like the defendant – persons in their late teens or early 20s who got involved with dangerous drugs for various reasons.  The court must make it clear that young age is hardly a mitigating factor in drug trafficking cases.

9.  When young people realize that the court would not treat young drug traffickers lightly, there would be, hopefully, fewer willing teenagers; thus making it difficult for criminals to exploit our youngsters.  Unless the quantity of dangerous drugs involved is minor or exceptional circumstances exist, a wrong message would be sent to young people if they could avoid imprisonment owing to their age.  Undoubtedly, most of them are "used" by bad persons (or so they claim).  That is the reason why we need to make young people think twice before they agree to be "used".

10.  The Court of Appeal has laid down clear sentencing guidelines for trafficking in ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1)  and cocaine[1] (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69 and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370).  For 10 to 50 grammes of ketamine, the sentence ranges from 4 to 6 years' imprisonment.  For up to 10 grammes of cocaine, 2 to 5 years' imprisonment.  

11.  In determining the proper starting point, I have reminded myself of the sentencing principles for trafficking in cocktail drugs[2]. In Charge 1, the defendant trafficked in a cocktail of drugs consisting of 19.76

grammes of ketamine and 8.19 grammes of cocaine. For 19.76 grammes of ketamine, applying a strict arithmetical approach, the appropriate starting point is 4 years and 6 months. Similarly, for 8.19 grammes of cocaine, 4 years and 6 months as well. In my view, the "combined approach" would arrive at a realistic and fair sentence.

12.  Since the quantities of ketamine and cocaine involved both attract the same starting point, I decided that the quantity of cocaine should form the basis of the starting point owing to its potency.  Hence, I adopt a starting point of 54 months' imprisonment and adjust it upward by 9 months for the ketamine, arriving at 63 months.  With the timely guilty plea, the sentence is reduced to 42 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence the defendant to 42 months' imprisonment for Charge 1.