HKSAR v. NG HOI KWAN

DCCC1207/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1207 OF 2010

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HKSAR
v.
Ng Hoi-kwan
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Before: H H Judge Geiser

Date: 7 December 2010 at 10.40 am

Present: Mr Kwok Wing-lung, SPP of the Department of Justice, for HKSAR
Mr Paul Cheng, of Messrs Tang, Leung, Li & Tsang, 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 a single charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Chapter 134 of the Laws of Hong Kong, the particulars being that you on 6 September of this year, outside Flat M, 2nd Floor, TongSeng Mansion, No. 1‑33 Kam Wing Street, San Po Kong, trafficked in 26.54 grammes of a powder containing 19.75 grammes of ketamine.

2. The Brief Facts which you have agreed are quite straightforward and show that on the day in question, you were intercepted by policejust before you entered the premises named in the charge. You were searched and 10 resealable plastic packets containing the drugsin question were found from your right front trouser pocket. You told the police that you were helping Ah Wah to deliver the drugsfor a reward of $500.

3. You are still quite young, only 19 years of age and have a clear record. I am told that you are addicted to ketamine and, as sooften happens, you committed this offence in order to earn some quick money which I have no doubt would be used by you to buy moredrugs in order to feed your habit.

4. The sentencing guidelines for trafficking in ketamine are to be found in the case of Secretary for Justice v Hii Siew Cheng [2008] HKCA 200, and for trafficking in 10 to 50 grammes, the appropriate sentencing bracket is 4 to 6 years’ imprisonment.

5. I will adopt 4 and a half years’ imprisonment as my starting point. I will discount this by one-third to take account of yourplea of guilty, coming to 3 years’ imprisonment. To reflect your relative youth and hitherto clear record, I am prepared to giveyou a further discount of 3 months’ imprisonment, arriving at a sentence of 2 years and 9 months’ imprisonment.

H H Judge Geiser
District Judge