HKSAR v. TSUI KA CHUN

DCCC259/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 259 OF 2012

———————-

HKSAR
v.
Tsui Ka-chun
———————-

Before: H H Judge Geiser

Date: 23 May 2012 at 10.38 am

Present: Ms Jennifer Fok, PP of Department of Justice, for HKSAR
Ms Ip Wai-lin, of Lily Fenn & Partners, 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 a single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.143, Laws of Hong Kong, the particulars being that you on 22 November of last year at the Ming Yuen Restaurant in Tai Yuen Estate,Tai Po, unlawfully trafficked in 35.31 grammes of ketamine.

2. The summary of facts are self-explanatory. Quite simply, police who were conducting anti-dangerous-drug operations in the restauranton the day in question saw you removing a covering from the ceiling from a room inside the restaurant and taking out a plastic bag. You were immediately intercepted and the bag was found to contain 40 separate bags containing the drugs. You told the police thatthe bags contained ketamine and you were going to sell it in order to earn money.

3. You are 22 years of age, single, and live at home with your parents and three elder brothers. At the time of your arrest, you were,I am told, working as a casual worker in a garage, earning some five to six thousand dollars each month.

4. You started to take ketamine some two years ago now, and indeed, you have one previous conviction for possession of dangerous drugsin October of 2011, when you were placed on probation. I believe you are presently the subject of a DATC order as a result of breachingthat probation order.

5. Very little has been put before me by way of mitigation, save for your plea of guilty, and I will give you due credit for that.

6. The sentencing guidelines for trafficking in ketamine can be found in Secretary for Justice v Hii Siew Ching [2008] HKCA 200, and for trafficking in between 10 to 50 grammes of ketamine, the appropriate starting point is 4 to 6 years’ imprisonment.

7. In this case, this court is concerned with 35.31 grammes of narcotic. Accordingly, I will adopt 5 years’ imprisonment as the appropriatestarting point. I will discount that by one-third to reflect your plea of guilty, coming to 3 years and 4 months’ imprisonment.

H H Judge Geiser
District Judge