HKSAR v. NG NGO YU, GODWIN

HCCC111/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 111 OF 2009

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HKSAR
v.
NG NGO-YU, GODWIN

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Before: Deputy High Court Judge Geiser

Date: 26 May 2009 at 10.32 am

Present:

Mr Melwaney, SPP of the Department of Justice, for HKSAR
Mr Phillip Yeung, Senior L.A. Counsel, instructed by Messrs Hoosenally & Neo, for the Accused

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

Transcript of the audio recording
of the Sentence in the above case

COURT: Defendant, you have been committed to this court for sentence having pleaded guilty in the court below to a charge of traffickingin dangerous drugs, namely 651.97 grammes of a powder containing 531.01 grammes of Ketamine.

The facts disclosed that in the early hours of 27 September of last year you hired a locker at the Mei Foo Bowling World Centre andwere seen placing a paper bag inside this locker. Upon investigation this bag was found to contain the 38 bags of Ketamine, togetherwith electronic scales and empty plastic bags. You subsequently told the police that the drugs had been imported from China to HongKong. You paid $20,000 for them and intended to sell them in Hong Kong for a profit.

I have read the letters of support submitted on your behalf and written by your family members, who all plead for leniency for you. I take into account what has been said on your behalf. However, the only real mitigation here is your plea of guilty, and I willgive you credit for that.

The sentencing guidelines for trafficking in Ketamine were increased in the case of Secretary for Justice & Anor v Hii Siew Cheng, Application for Review No. 7/2006, and Court of Appeal No. 126 of 2007. For the amount of drugs which are the subject matter ofthis charge, you come quite close to the top end of the 300 to 600 grammes bracket.

I will adopt as my starting point a sentence of 10 years and 9 months’ imprisonment. I will discount that by a total of 43 monthsto reflect your plea of guilty, arriving at a sentence of 7 years and 2 months’ imprisonment.