HKSAR v. TAM CHING WAH

HCCC308/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 308 OF 2008

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HKSAR
v
TAM CHING WAH

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Before: DHCJ M Poon

Date: 19 February 2009 at 9.49 am

出席人士:

Mr P J Power, SPP of the Department of Justice, for HKSAR
Mr Paul Tse Tak-yan, instructed by M C A Lai & Co, 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: The defendant pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.

He was intercepted, and upon a search he was found to be in possession of drugs. Under caution he admitted to have collected thedrugs in Lo Wu and he was delivering the drugs on instructions to someone else. He was to receive $1,000 as reward.

The drugs were found to be 269.2 grammes of a powder containing 221.83 grammes of ketamine, with a retail value of around $34,000.

The defendant is now aged 42. He has three previous convictions, two for possession of an obscene article. His last record is inrelation to a charge of possession of infringing copies, for which he was sentenced to 4 months’ imprisonment on 12 January thisyear. The present offence was committed whilst on bail of that offence.

I am told that he is married. His wife is in China. Counsel submitted that whilst according to the defendant’s own confessionhe brought the drugs back from China to Hong Kong, there is no evidence that the drugs would be circulated for sale in Hong Kong.

In sentencing the defendant I have taken into account facts of the present case and the drugs involved.

The present offence occurred after the sentencing tariff was laid down in the case of Hii Siew Cheng, which was delivered on 6 June 2008. According to this new tariff, for trafficking in ketamine weighing between 50 and 300 grammes,the starting point is 6 to 9 years.

I have taken into account the defendant’s guilty plea and mitigation forwarded.

I consider a starting point of 8½ years appropriate. He is entitled to a full one-third discount on his guilty plea.

He is sentenced to 68 months’ imprisonment. That is 5 years and 8 months.

That the present offence is committed whilst on bail is an aggravating factor.

I order the present sentence to run consecutively to the sentence he is now serving.