HKSAR v. FONG TAK CHI AND ANOTHER

DCCC1145/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1145 OF 2010

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Reasons for Sentence

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1.  D1 and D2, you two defendants have pleaded guilty to a joint charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong.

2.  The particulars being that you together on 29 July of last year at Room 811 of the Dorsett Far East Hotel unlawfully trafficked in 94.42 grammes of a powder containing 69.86 grammes of ketamine.

3.  The Summary of Facts which you both agreed indicate that on 29 July of last year at about 10.25 pm police officers burst into Room 811 at the location in question whilst you, D1, opened the door for the 3rd accused. You, D2, were found sitting on one of the beds inside the room. A total of 7 packets of ketamine, the subject matter of the charge, were found inside the room together with two sets of electronic scales and numerous small resealable plastic bags.

4.  You, D1, told the police at a subsequent video recorded interview that you paid $4,000 for the ketamine and it was for the self-consumption of yourself and the 2nd defendant.

5.  D1, you are 26 years of age and have some 6 previous convictions, 4 of which are for drug abuse. I am told by your counsel on your behalf that the ketamine was for the self-consumption of yourself and the 2nd defendant. Whilst I am prepared to accept that a fraction of this amount of drugs were to be consumed by yourself and the 2nd defendant, I do not accept at all that it was all for your self-consumption. Quite apart from the sheer quantity, some 69.86 grammes of narcotic, this completely ignores the trafficking paraphernalia in terms of electronic scales and numerous resealable plastic bags found also in the room.

6.  D2, you are 24 years of age and have 3 previous convictions although I note that you have no previous convictions for drug abuse.

7.  In sentencing both of you, I take into account all that has been said on your behalf by way of mitigation, but the reality is that it is your pleas of guilty that is the only mitigation. The case of Secretary for Justice v Hii Siew Cheng [2008] HKCA 200 has laid down sentencing guidelines for trafficking in quantities of ketamine, and between 50 to 300 grammes attract a starting point of between 6 to 9 years’ imprisonment.

8.  In the present case, this court is dealing with 69.86 grammes of ketamine. Accordingly, in relation to each of you, I adopt a starting point of 6½ years’ imprisonment. I will discount this sentence by one-third, to take account of your pleas of guilty, coming to a term of 4 years 4 months’ imprisonment in relation to both of you.