HKSAR v. TONG KIT HOI

DCCC728/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 728 OF 2009

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HKSAR
v.
Tong Kit Hoi

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Before:

H H Judge S. D’Almada Remedios

Date:

14 August 2009 at 11.40 am

Present:

Mr Lam Hoi-yue, PP, of the Department of Justice, for HKSAR
Mr Lai Wing-fai Duncan, of Messrs LCP, assigned by the Legal Aid Department, 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 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 8 April 2009, at the Lift Lobby, 20th Floor, On Lai House, On Tin Estate, Lam Tin, Kowloon, you unlawfullytrafficked in 22.03 grammes of a powder containing 17.08 grammes of ketamine.

3. On the day in question, a police officer observed you entering into On Lai House in a quick pace and followed you up to the 20thFloor. The police officer saw you wandering around the lift lobby and the staircase and thus intercepted you to conduct a searchon you.

4. Two plastic bags were found inside your jeans which contained a total of 14 plastic bags of drugs, namely, ketamine. The policeofficer then arrested you and cautioned you. Under caution, you said that the drugs were for your own consumption. You have admittedin this court that the drugs were in your possession for the purpose of trafficking.

5. You are 22 years of age and have five previous convictions, of which none are related to drugs. From your record most of those arerelated to dishonesty offences, being theft and robbery, for which you were sentenced to probation, Detention Centre, Training Centreand imprisonment. At the time of committing this offence you were unemployed, and as your solicitor Mr Lai has said on your behalf,you had trafficked in these drugs as you wanted to earn some quick money by going to internet bars and selling them.

6. You are a young man and clearly it appears from your record that your offences have become more and more serious. As I am sure youare well informed, the offence of trafficking in dangerous drugs is a very serious offence. There are clear guidelines set down bythe Court of Appeal for trafficking in ketamine. In following the case of Hii Siew Cheng, the amount of drugs falls within the third bracket of 10 to 50 grammes, which warrants a term of 4 to 6 years’ imprisonment asa starting point after trial.

7. Given the amount of drugs you had for trafficking, I take a starting point of 4 years’ imprisonment. Giving you full credit foryour plea of guilty, that sentence shall be reduced to one of 2 years 8 months’ imprisonment, to which you shall be so sentenced.

(S. D’Almada Remedios)
District Judge