HKSAR v. LO KIN KEUNG

DCCC1348/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1348 OF 2010

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HKSAR
v.
Lo Kin-keung

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Before:

H H Judge Geiser

Date:

8 April 2011 at 10.16 am

Present:

Ms Claudia Ng, PP of the Department of Justice, for HKSAR
Mr Alan Ng, instructed by Paul Kwong & Co., assigned by the Director of Legal Aid, for the Defendant

Offence:

Trafficking in dangerous drugs (販運危險藥物)

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Reasons for Sentence

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1. Defendant, you who have pleaded guilty to a charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you, on 8 November of last year, at the 10th Floor, Lung Fung House, LowerWong Tai Sin Estate, Wong Tai Sin, trafficked in 6.78 grammes of ‘Ice’ and 100 tablets containing 0.62 grammes of nimetazepam.

2. The Summary of Facts which you have agreed are straightforward and indicate that at about 7.30 in the evening of the day in questionyou were intercepted by police at the above address and searched. Inside your shoulder bag the ‘Ice’, being the subject matterof the charge, was found in 14 resealable plastic bags, and the tablets were found in 10 separate foil packets contained in an envelope. You told the police later on that you were selling the drugs for a person called Ah Ming and would be given a reward of $500.

3. You are 47 years of age and have a poor criminal record, which includes two previous convictions for drug trafficking.

4. In the present case, this court is dealing with two different types of drugs, that is ‘Ice’ and nimetazepam. I propose to adoptthe combined approach for the purposes of sentence.

5. With regard to the quantity of ‘Ice’ that you trafficked in, the relevant sentencing guidelines are contained in AG v Ching Kwok Hung [1991] 2 HKLR 125; and for up to 12 grammes of ‘Ice’, the sentencing bracket falls between 3 and 7 years. I propose to adopt a starting pointof 4½ years’ imprisonment and will increase that by 3 months to take account of the small quantity of nimetazepam which you carried,coming to an overall starting point of 4 years and 9 months’ imprisonment.

6. I give you full credit for your plea of guilty and will reduce that starting point by one-third, arriving at a sentence of 3 yearsand 2 months’ imprisonment.

H H Judge Geiser
District Judge