HKSAR v. NAM NGAI TING

HCCC286/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 286 OF 2012

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HKSAR
v
Nam Ngai-ting

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Before: Deputy High Court Judge Wright

Date: 12 October 2012 at 9.37 am

Present: Mr Peter Power, SADPP of the Department of Justice, for HKSAR
Mr Hanif Mughal, instructed by the Legal Aid Department, for the Accused

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

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: You were arrested on 1 April this year by police officers in Sau Mau Ping Estate and found to be carrying a bag which containedwhat was

later analysed as 0.21 of a kilogramme of ketamine.

You told the police then and subsequently that you were carrying it for another person, delivering it, in effect. I am told todaythat you were doing so in return for a reward of $1,000. Given that when you were 19, you were sent to gaol for 4 years for traffickingin a drug, it seems a remarkably low amount of money for you to have accepted the risk that this activity entailed.

Be that as it may, the guideline by the Court of Appeal for this quantity of ketamine falls into the bracket between 50 and 300 grammes,proscribing a period of imprisonment between 6 and 9 years. You have a previous conviction for exactly the same offence. A startingpoint of 8 years seems to me to be appropriate.

You entered a plea of guilty at the earliest opportunity. There are no further mitigating features available to you.

You are to serve 5 years and 4 months’ imprisonment.