HKSAR v. MOK KA KUI

DCCC 1059/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1059 OF 2012

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HKSAR
v
Mok Ka-kui
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Before: HH Judge S D’Almada Remedios

Date: 26 February 2013 at 10.02 am

Present: Mr Kwong Cho-yan Simon, PP of the Department of Justice, for HKSAR
Mr John Christie Dunn, instructed by Yung, Yu, Yuen & Co, assigned by the Director of Legal Aid, for the defendant

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

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2. You have admitted that on 21 September 2012, at a flat at Rich Court in Chik Fu Street, Sha Tin, you unlawfully trafficked in 108.04grammes of a solid containing 89.49 grammes of ketamine.

3. On the day in question, police officers were conducting an anti-dangerous-drug operation in Rich Court.

4. At about 6.30 pm, an officer saw you opening the door of these premises and exiting from there.

5. When they revealed their identities and tried to intercept you, you rushed back into the premises and tried to close the door.

6. However, the police pushed open the door and entered into the premises.

7. Upon search of the premises, the police officers found three bags of drugs containing ketamine; an electronic scale; and one largeplastic bag containing 74 resealable plastic bags; and one resealable plastic bag containing seven resealable plastic bags.

8. The ketamine found in the bags were one small, medium and large bag. The drugs were contained in the following:

(1) one bag contained 22.47 grammes of a mixture containing 18.33 grammes of ketamine;

(2) the other, 6.61 grammes of a solid containing
5.43 grammes of ketamine; and

(3) one large bag containing 78.96 grammes of a solid containing 65.73 grammes of ketamine.

9. In your possession at the time of your arrest, you had with you $200 cash.

10. The police estimated the total street value of the drugs was $14,000-odd.

11. At the material time, you were the tenant of the premises.

12. You are aged 34, born in Hong Kong and have received education up to Form 3. You live alone and are single. You were a salesman,I am informed, earning a salary of about $12-13,000 a month.

13. You have, I am told by your counsel Mr Dunn, been addicted to drugs for a very long time, at least since 2001, and addicted to ketamineat least since 2004, which is for about nine years .

14. You have 32 previous convictions, none of which are for trafficking in dangerous drugs, but 12 of these are for possession of dangerousdrugs. For these dangerous drugs offences, you have had a full range of sentences passed upon you: that is, from a fine to DATCto imprisonment.

15. Mr Dunn has frankly said that as you are a drug addict, you had got involved in selling dangerous drugs as a way of funding yourown addiction, which sadly, is what most drug abusers like yourself do.

16. You have written a letter to me and I have received many other letters. You have regretted that you have offended and committedsuch a serious offence. You have told the court you are very remorseful for your misdeeds and hopefully, as a result of this seriousoffence, it will assist you to rid yourself of your drug dependency.

17. You have, in fact, enrolled yourself in a psychological course at Chinese University whilst you are in prison.

18. Mr Dunn has rightly referred me to the tariff case for trafficking in ketamine.

19. As you are well aware, trafficking is a very serious offence and the courts have laid down clear guidelines as to sentences to beimposed.

20. The case of Secretary for Justice v Hii Siew Cheng is the tariff case for ketamine. You had 89.49 grammes of ketamine for the purposes of trafficking and that amount falls within thefourth bracket of Hii Siew Cheng, which is, for the amount of between 50 and 300 grammes, the appropriate sentence is one of 6 to 9 years’ imprisonment as a startingpoint after trial.

21. In view of the amount of drugs that you had in your possession for the purposes of trafficking, defendant, had I convicted you aftertrial, I would have taken a starting point of 6 years and 3 months’ imprisonment.

22. However, you have pleaded guilty, shown the court your remorse and, for that, you are entitled to the full one-third discount. You therefore are sentenced to a term of 4 years and 2 months’ imprisonment.

(S. D’Almada Remedios)
District Judge