HKSAR v. HUNG CHEUNG YIU

DCCC946/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 946 OF 2009

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one count of trafficking in a dangerous drug; namely, 26.50 grammes of a powder containing 22.50 grammes of ketamine.

2.  On 14 July this year the defendant was intercepted at Lok Ma Chau coming back into Hong Kong from Mainland China. Customs officers intercepted the defendant and searched him in a room in the Customs Arrivals Hall.

3.  In a bag the defendant was carrying, an officer found a zip-lock bag containing 4 other zip-lock bags with the majority of the ketamine powder.

4.  Under caution, the defendant admitted the bags contained ketamine and that they were for his own consumption. He had purchased them in Mainland China for RMB1,100. The defendant was obviously searched bodily and a $100 folded banknote was found containing ketamine in a trouser pocket.

5.  After examination by the Government Chemist the banknote contained a total of 1.35 grammes of a powder containing 1.13 grammes of ketamine. The zip-lock bag contained a total of 25.15 grammes of a powder containing 21.37 grammes of ketamine.

6.  The defendant was arrested and during a subsequent record of interview he made various admissions, including the admission that he had bought 4 bags of ketamine for his own consumption, that 1 packet would be consumed a day and that the 4 bags in total would be consumed in a week. His method of consumption was to inhale the ketamine through his nostrils.

7.  The defendant’s best mitigation is his plea of guilty today. The defendant is a man of clear record. Upon instructions being sought today, it was submitted that of this amount of ketamine most of it was to be consumed by the defendant, with a small amount to be shared amongst dubious friends. The defendant maintains his plea of guilty to trafficking in dangerous drugs despite this mitigation.

8.  For trafficking of ketamine, there is now a clear guideline set out in a recent authority, Secretary for Justice v Hii Siew Cheng, CAAR7 of 2006. This case would come within the band that would attract a 4 to 6-year term of imprisonment. To be precise, 10 to 50 grammes would attract a 4 to 6-year term of imprisonment.

9.  If I apply this guideline, and I will, 22.5 grammes would mathematically attract a sentence of 4½ years’ starting point. Even if I accept half this quantity was for own consumption, 10 grammes would still attract a starting point of 4 years’ imprisonment.

10.  In the authority I have just referred to there is much discussion and expert evidence given as to the danger of ketamine and Ecstasy, as well as the habits of users including quantity that drug users would habitually need. At paragraph 92 of the judgment a typical dose of ketamine has been described as being between 60 and 250 milligrams. If taken nasally, through the nose, a typical single dose would range from 10 to 250 milligrams.

11.  According to the defendant’s record of interview - and it has been confirmed today as being accurate - if he consumed this quantity of drugs in one week he would be consuming an average of 3.14 grammes per day, that is, 3,140 milligrams per day. If I take the highest figure of 250 milligrams as a single dose, the defendant would have enough for over 12 doses per day.

12.  In mitigation, the defendant has described himself as a recent user. If the defendant had gone into the witness-box to convince me he bought this amount of ketamine for one week’s own consumption, I would have rejected that evidence. Even if he had said one-half of this amount was for his own consumption in one week, I would have found that hard to accept. However, having heard mitigation, I will take into account he may have taken some for his own use but I do not believe it is the majority.

13.  I have taken into account the defendant’s plea, the facts, his mitigation and clear record. I also consider the quantity of ketamine involved and apply it to the guidelines.

14.  I will take a starting point of 4 years and 3 months. You are entitled to a discount of one-third for your plea today. Ultimately I impose a sentence, after this discount, of 2 years and 10 months.