HKSAR v. YU SIU KEI

HCCC 144/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 144 OF 2014

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HKSAR
v
YU Siu-kei
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Before: DHCJ Tallentire

Date: 9 July 2014 at 9.44 am

Present: Mr Duncan Percy, on fiat, for HKSAR
Mr Christopher Wong Tat-ming, instructed by Rowland Chow, Chan & Co, assigned by DLA, for the accused

Offence: Trafficking in a dangerous drug (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: Defendant, you have pleaded guilty to a single offence of trafficking in dangerous drugs, namely 207.55 grammes of powder containing150.91 grammes of ketamine. This places it within the tariff of 6 to 9 years’ imprisonment, being within the range of 50 to 300grammes. The estimated street value of the dangerous drugs is about $25,736.

The brief facts are that at about 1725 hours on 23 October last year, police stopped a car at the Sha Ling Checkpoint, Man Kam ToRoad, Ta Kwu Ling, New Territories. That car was driven by your mother, with you sitting in the front passenger seat. Police Constable432 approached the vehicle and knocked on the driver’s side window. The car suddenly moved forward, but he shouted for it to stopand snatched the ignition key.

PC 58745 asked you to alight. You did so, but you then opened the nearside rear passenger door and took out a brown envelope fromthe car seat. You then pushed away two other officers and began to flee, dropping the envelope on the ground. Police officers attemptedto subdue you, but you struggled and fled, injuring the two officers. PC 58745 inspected the envelope and found 25 plastic bags,the suspected ketamine.

On 4 December last year you surrendered to Ta Kwu Ling Police Station and then you remained silent. You have admitted to 10 previousconvictions on eight occasions, none of which involved dangerous drugs.

I understand that you accept the contents of the antecedents statement; that shows you to be 21 years of age, educated to form 1 andunemployed at the time of the offence. However, Mr Wong suggested that that was not quite correct, that you were working in a garageearning some $10,000. You were residing with your family and you claimed not to be drug dependent, though I do notice from your recordthat you have spent a period in DATC.

The main point of mitigation here is, of course, your plea of guilty to the offence, though this was not the first available opportunity.However, in due course, you will receive the full one-third discount to which you are entitled.

I also take into account that whilst you have an undistinguished criminal record, this is the first time you have actually been involvedin drugs; I note also that you voluntarily surrendered to police; that the offence was caused or the motive for the offence was totry and assist your mother with her financial problems.

I am also informed that because of this offence, you were recalled to training centre and, whilst it is your own fault that you servedan extra 6 months because of the commission of this offence, I will take that into account.

Taking all these matters that I have mentioned into account, I take as a starting point 7 years’ imprisonment. As I said, you areentitled to a one-third discount, therefore you will serve 4 years and 8 months, that is 56 months.