HKSAR v. LAU KIM FUNG

DCCC 664/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 664 OF 2014

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HKSAR
v
LAU KIM FUNG

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Before: HH Judge Dufton

Date: 22 September 2014

Present: Miss Sheroy Tam, SPP, of the Department of Justice, for HKSAR
Mr Andrew Kam of Kam & Fan, assigned by the Director of Legal Aid, for the defendant

Offence: Trafficking in a dangerous drug (販運危險藥物)

REASONS FOR SENTENCE

1. Lau Kim Fung you have pleaded guilty to one charge of trafficking in 130.00 grammes of a powder containing 100.00 grammes of ketamine,contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2. In summary around 2344 hours on the 20 May this year the police intercepted you whilst acting suspiciously outside the San Wai MTRStation, Light Rail Line in Tuen Mun. On searching your bag the police found 10 re-sealable plastic bags containing the ketamine. Under caution and in a subsequent video interview you told the police you were out of work and therefore agreed to deliver the drugsfor a reward of $500.

3. I have carefully considered everything said on your behalf by Mr Kam, in particular that you were only 20 at the time of the offencehaving turned 21 whilst on remand. I take into account that you have no previous convictions for drug offences.

4. In Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine. Where the narcotic content is between 50 and 300 grammes sentenceafter trial falls within the range of 6-9 years imprisonment.

5. On a purely mathematical approach a starting point of not less than 6 years and 6 months imprisonment would be appropriate for 100.00grammes of ketamine. Considering you committed the offence when you were only 20 and therefore still classified as a young offenderand that you have no previous drug offences I am satisfied a starting point of 6 years imprisonment is appropriate.

6. Giving you full credit for your plea of guilty you are convicted and sentenced to 4 years imprisonment.

(D. J. DUFTON)
District Judge