HKSAR v. POON HO MAN

DCCC826/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 826 OF 2011

———————-

HKSAR
v.
Poon Ho-man

———————-

Before: H H Judge S. D’Almada Remedios

Date: 30 September 2011 at 11.23 am

Present: Ms Winsome Chan, SPP of the Department of Justice, for HKSAR
Mr Simon Si, of Simon Si & Co., assigned by the Director of Legal Aid, for the Defendant

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

———————

Reasons for Sentence

———————

1. Defendant, you have pleaded guilty to an offence 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 23 May 2011, at the staircase on the 31st Floor at Kai Shun House, Kai Tin Estate, Lam Tin, Kowloon, youunlawfully trafficked in a dangerous drug, namely 129.79 grammes of a powder containing 92.71 grammes of ketamine.

3. On the day in question, police officers mounted an anti-dangerous drug operation in Kai Tin Estate. At about 5 pm that day theyspotted you leaving a premises on the 31st Floor. As you were looking furtively around, they intercepted you at the staircase. They found upon you from your left pocket a plastic bag containing the dangerous drugs as stated in the charge.

4. They arrested and cautioned you for the offence of trafficking in a dangerous drug. You admitted that the “K Chai” belongedto you and you were intending to sell the same in order to earn $500.

5. Later, you were interviewed in a video recorded interview and you said that the $500 found upon you was the money earned from youto deliver these drugs. An unknown male had asked you to deliver these drugs for him on the evening before, which you agreed. Youarranged to collect these drugs at the staircase on the 30th Floor the evening before.

6. You collected the drugs and then the following day you were told to deliver it to a mall in Kwun Tong at 6 pm. You were interceptedby the police officers when you were going to deliver the drugs. The estimated street value of these drugs was about $14,666.

7. Mr Simon Si has mitigated on your behalf fully and thoroughly and I have taken into account all that he has had to say.

8. You are 26 years of age, have two previous convictions for possession of dangerous drugs dating back to 2001 and 2003, to whichyou were sentenced to probation of 12 months and 18 months respectively.

9. You are single and live with your parents. You worked as a hairstylist after completing Form 3 and had however, since April 2010been unemployed. I am informed that your elder brother is serving a sentence also for a similar offence and he will be releasedI am told in 2013.

10. I have had two letters written to me, one from your parents and another from two pastors who speak very highly of you. It is saidthat you are a filial son and are good natured. It is your parents understanding that because of your association with dubious peers,you were led astray and committed the present offence.

11. I am informed by Mr Si that you had earned a good salary of $10,000 a month. However, when you became unemployed or worked as acasual worker your income dropped to $3,500 a month. As a result of your drop in income, you found great pressure and due to yourgreediness you committed this offence.

12. Your parents, the pastors and Mr Si have said you are very remorseful and, of course through your plea of guilty that has indicatedyour remorse. No doubt, as I can see, that clearly for your parents it must be very sad to see you committing this offence particularlyafter you have seen the effect of commission of this offence has had on your elder brother. No doubt you are aware of that and surelyyou feel you have disappointed them greatly.

13. You are still a very young man. I do hope that after you have served your requisite term that you will come out and serve the communitywell.

14. You have had a decent profession as hairdresser. Defendant, you will have much time to reflect during your incarceration, as MrSi rightly says, because the amount of drugs that you had was a very large quantity.

15. Defendant, there are clear tariffs laid down by the Court of Appeal for trafficking in ketamine. Secretary for Justice v Hii Siew Cheng is where the tariffs are laid down. In following those guidelines laid down in that case, defendant, had I convicted you after trialI would have taken a starting point of 6 years’ imprisonment. However, giving you full credit for your plea of guilty, I reducethat term to one of 4 years’ imprisonment.

(S. D’Almada Remedios)
District Judge