HKSAR v. NG SIU KAM

HCCC165/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 165 OF 2009

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HKSAR
v.
Ng Siu-kam

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Before:

Hon. Tong J

Date:

14 December 2009 at 11.27 am

Present:

Ms Chan Suk-wai, Winsome, SPP, of the Department of Justice, for HKSAR
Mr John P Marray, instructed by Johnnie Yam, Jacky Lee & Co., for the Accused

Offence:

Conspiracy to traffic in a dangerous drug(串謀販運危險藥物)

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: This defendant was charged with one count of conspiracy to traffic in ketamine, with Wong Shun-wing. He pleaded not guilty and wasconvicted by the jury by a majority verdict of six to one.

Obviously, the jury had accepted Wong’s testimony, hence the defendant had recruited Wong and used his status as a resident in therestricted area for the purpose of more conveniently bringing ketamine back from the Mainland. The defendant had arranged with Wongto take drugs 10 to 20 times, and each time it was at least 500 grammes.

The defendant had a number of previous convictions. He had been put on probation. He had been to Detention Centre and Training Centrefor drug-related offences. Unfortunately, all this had not been useful for his rehabilitation.

This is a serious scenario. The defendant was not just agreeing to traffic in drugs, but he himself had arranged with Wong to actuallydeliver the drugs many times.

According to the authorities, trafficking in over 1,000 grammes of ketamine would attract a sentence of 14 years upward. Althoughwe do not know the actual figure involved, just for the last time alone, it was 800-odd grammes. Hence the aggregate amount of ketaminesuccessfully delivered to Hong Kong must be indeed extremely large.

The defendant has shown no remorse for the offence whatsoever.

In the circumstances and having looked at the authorities referred to by the prosecution, I will impose a term of 24 years. Thereis no mitigating factor I could think of.

Defendant’s application for leave to appeal against conviction refused by Court of Appeal. Application for leave to appeal againstsentence allowed. Please refer to CACC474/2009 dated 2 September 2011