HKSAR v. WONG CHUN KIT

DCCC 814/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 814 OF 2013

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Reasons for Sentence

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

2.  You admitted the facts and I convicted you.

3.  The facts were as follows.

4.  At about 10.21 pm on 5 July last, PC 5538 saw you walk quickly into McDonald’s in the Oi Tung Shopping Centre, Shau Kei Wan. When you emerged, he felt suspicious so he intercepted you and found nine transparent plastic bags with suspected ketamine (which is Exhibit 1) in your front trousers pocket. 

5.  He arrested and cautioned you and you immediately admitted it to be ketamine, which you delivered to earn money as you had been unemployed for two months.

6.  In your possession, he found $1,810 and a mobile phone.

7.  In a subsequent video recorded interview under caution, you said the following:

(1) Exhibit 1 contained ketamine;

(2) you owed money to a finance company so you delivered drugs;

(3) you bumped into a friend called “Man Gor” at Prince Edward that day. Man Gor asked you to deliver drugs to somebody in the shopping centre who would give you $6,000, of which you would receive $800;

(4) you did not take dangerous drugs.

8.  Subsequent analysis of Exhibit 1 showed a total of 102.18 grammes of powder containing 47.05 grammes of ketamine.  The street value is estimated at $12,923.

9.  You admitted to three previous convictions, one of which involved dangerous drugs.

10.  Mr Mok entered mitigation on your behalf.  That is in written form, for which I am grateful. 

11.  He told me you are 29, Hong Kong born and residing with your parents.  You married a lady from the Mainland in 2011, but she deserted you in February of this year without giving any good reason.  You are educated to Form 3 and, at the time of the offence, unemployed.  Up to June of this year you worked as a storekeeper earning some $10,000 per month.  In June you quit your job to train as a cargo ship-worker.  You obtained the relevant certificate but found that the job paid poorly. 

12.  As I said, you agreed that you have three previous convictions, one of which relates to dangerous drugs, but claimed that you were not drug dependent.

13.  The offence arose out of financial problems. This was caused by you taking out two loans totalling $23,000, which you gave to your wife to maintain her family in Hainan.

14.  After quitting your job in June you could not keep up the payments, so you committed the present offence.

15.  Mr Mok said that you were fully cooperative on arrest and I note that from the facts.  You are deeply remorseful for what you have done and intended to plead guilty from the outset.

16.  He referred to three letters of support, one of which was written by yourself. 

17.  Mr Mok also took the trouble to set out the relevant sentencing authorities.  I do not intend to repeat these, as these are well known. 

18.  Finally, he submitted that you are not a professional drug dealer and asked for leniency on your behalf.

19.  I turn now to the sentence.

20.  By far, the main mitigation, of course, is your plea of guilty.  I note that you were exceptionally cooperative with the police upon arrest and that the offence arose out of your financial need.

21.  I take into account all factors in this case, including the facts and the mitigation.

22.  I, therefore, take as a starting point 66 months’ imprisonment - that is, 5½ years - reduced to 44 months for your plea of guilty.