DCCC1153/2024 HKSAR v. KWOK KEI TAI, KORAY - LawHero
DCCC1153/2024
區域法院（刑事）H.H. Judge G. Lam21/7/2025[2025] HKDC 1259
DCCC1153/2024
由此
A A
B DCCC 1153/2024 B
[2025] HKDC 1259
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E
CRIMINAL CASE NO. 1153 OF 2024 E
F ____________ F
G G
HKSAR
H
v H
KWOK Kei-tai, Koray
I I
____________
J J
K
Before : H.H. Judge G. Lam K
Date : 22 July 2025
Present : Ms. Olivia Hon, PP, of the Department of Justice,
L L
for HKSAR.
Mr. Walker Sham instructed by M/s Annie Leung
M & Co., assigned by the Director of Legal Aid, for M
the defendant.
N Offences : (1) Trafficking in dangerous drugs（販運危險 N
藥物）
O (2) Possession of a dangerous drug（管有危險藥 O
物）
P P
Q REASONS FOR SENTENCE Q
R R
The defendant pleaded guilty to a "trafficking" charge (Charge
S S
1) and a "simple possession" charge (Charge 2).
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C Charge 1 C
D D
2. About 11:18 p.m. on 13 April 2024, PC 60209 (PW1) stopped
E E
the defendant at the junction between Cannon Street and Lockhart Road in
F F
Causeway Bay for enquiry. Upon search, the following items were found in
G the shoulder bag carried by the defendant: (i) 1 resealable plastic bag G
H containing 15 resealable plastic bags which contained a total of 9.00 H
I grammes of a solid containing 7.46 grammes of ketamine; (ii) 1 resealable I
J
plastic bag which contained 2 resealable plastic bags each containing J
another resealable plastic bag which contained a total of 6.54 grammes of a
K K
solid containing 5.15 grammes of ketamine; (iii) 1 resealable plastic bag
L L
containing 11 resealable plastic bags which contained a total of 6.54
M M
grammes of a solid containing 4.84 grammes of ketamine; and (iv) 1
N N
resealable plastic bag containing 12 resealable plastic bags which contained
O O
a total of 3.44 grammes of a solid containing 2.71 grammes of cocaine.
P P
Q 3. PW1 arrested the defendant for "drug trafficking" at 11:23 in Q
R the same evening. Under caution, he admitted that he was carrying R
S
ketamine and "coke". S
T T
U U
V V
由此
- 3 -
A A
Charge 2
B B
C 4. At 11:53 p.m. on the same day, in Wanchai Police Station, C
D PW1 conducted a further search of the defendant's shoulder bag. He found a D
E
rolled up $20 banknote which contained traces of a solid containing E
ketamine. PW1 arrested the defendant for "simple possession". Under
F F
caution, he claimed that the ketamine was for his own consumption.
G G
H H
Admissions
I I
J
5. In his video recorded interviews, the defendant admitted, inter J
alia, that he owed someone named "Muscular" $26,000. Since he was
K K
unable to repay his debt, he resorted to drug trafficking. The ketamine and
L L
cocaine found in the defendant's shoulder bag were given to him by
M M
Muscular. He communicated with Muscular via Telegram. Muscular
N N
would arrange for the drugs to be passed to the defendant, who would then
O O
follow Muscular's instructions to deliver the drugs to the "clients". The
P P
defendant claimed that he had ceased taking ketamine for about half a year.
Q He used to take ketamine 2 to 3 times a week. Q
R R
S S
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 6. The defendant is 18 and has a clear record. Defence counsel C
D Mr. Sham informed me that the defendant resides with his parents and twin D
E
brother. The defendant was not good at studying and has only completed E
Form 3. He has taken up some odd jobs and was mingling with Muscular,
F F
who turned out to be a drug trafficker.
G G
H H
7. In mitigation, Mr. Sham submitted that a friend of the
I I
defendant (surnamed Lau) was helping Muscular to sell drugs. In early
J J
2024, Lau disappeared with $26,000 odd of drug money. Muscular then
K K
held the defendant responsible since he introduced Lau to Muscular. The
L defendant was gullible and did not have money to repay Muscular. So he L
M ended up helping Muscular to deliver drugs to set off his debt. Mr. Sham M
N stressed that the defendant was somewhat "controlled" by Muscular. The N
defendant's parents and twin brother have all commented that he is a helpful
O O
and caring son. The defendant is determined to turn a new leaf and plans to
P P
learn some skills to join the construction industry. He has recently obtained
Q Q
his Construction Safety Card.
R R
S S
8. Drug abuse has been a long-term problem in our society. A
T T
clear message must be conveyed to the general public that "drug trafficking"
U U
V V
由此
- 5 -
A A
is a serious crime (be it in the capacity of a seller, courier or storekeeper) and
B B
that drug traffickers (even fresh young offenders) would most certainly be
C C
punished by long-term imprisonment.
D D
E E
9. Although the defendant is under 21, by virtue of section
F F
109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not
G obtain any pre-sentencing report in relation to Charge 1. I accept that as a G
H general principle, rehabilitation (rather than punishment) plays an important H
I role in reforming young offenders. On the other hand, as a judge, I see day I
J
in and day out persons in my court being charged with "drug trafficking". J
Many of them were just like the defendant – persons in their late teens or
K K
early 20s who got involved with dangerous drugs for various reasons. The
L L
court must make it clear that young age is hardly a mitigating factor in drug
M M
trafficking cases.
N N
O O
10. When young people realize that the court would not treat
P P
young drug traffickers lightly, there would be, hopefully, fewer willing
Q teenagers; thus making it difficult for criminals to exploit our youngsters. Q
R Unless the quantity of dangerous drugs involved is minor or exceptional R
S
circumstances exist, a wrong message would be sent to young people if they S
could avoid imprisonment owing to their age. Undoubtedly, most of them
T T
U U
V V
由此
- 6 -
A A
are "used" by bad persons (or so they claim). That is the reason why we
B B
need to make young people think twice before they agree to be "used".
C C
D D
11. The Court of Appeal has laid down clear sentencing guidelines
E E
for trafficking in ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1)
F F
and cocaine1 (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69
G and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370). For 10 to 50 G
H grammes of ketamine, the sentence ranges from 4 to 6 years' imprisonment. H
I For up to 10 grammes of cocaine, 2 to 5 years' imprisonment. I
J J
12. In determining the proper starting point, I have reminded
K K
myself of the sentencing principles for trafficking in cocktail drugs 2. In
L L
Charge 1, the defendant trafficked in a cocktail of drugs consisting of 17.45
M M
grammes of ketamine and 2.71 grammes of cocaine. For 17.45 grammes of
N N
ketamine, applying a strict arithmetical approach, the appropriate starting
O O
point is 4 years and 5 months. Similarly, for 2.71 grammes of cocaine, 2
P P
years and 10 months. In my view, the "combined approach" would arrive at
Q a realistic and fair sentence. Q
R R
S S
1
The present case predates HKSAR v Huang Ruifang [2025] 2 HKLRD 138.
T 2
See HKSAR v Yip Wai Yin & another CACC 80/2003, HKSAR v Cheng Yat Ming CACC T
455/2006 and HKSAR v Chan Yuk-leong CACC 318/2013.
U U
V V
由此
- 7 -
A A
13. Although less potent than cocaine, the ketamine found in this
B B
case is of a significantly larger quantity. I decided that the quantity of
C C
3
ketamine should form the basis of the starting point . Hence, I adopt a
D D
starting point of 53 months' imprisonment and adjust it upward by 7 months
E E
for the cocaine, arriving at 60 months. With the timely guilty plea, the
F F
sentence is reduced to 40 months. Apart from this, I see no other mitigating
G factors which warrant any further reduction. I sentence the defendant to 40 G
H months' imprisonment for Charge 1. H
I I
J
14. In Charge 2, the defendant possessed a rolled up banknote J
which contained traces of a solid containing ketamine. I adopt a starting
K K
point of 6 weeks' imprisonment. With the timely guilty plea, I sentence the
L L
defendant to 4 weeks' imprisonment.
M M
N N
15. Bearing in mind the totality principle, I order the sentences for
O O
both charges to run concurrently. In other words, the total prison term for
P P
Charges 1 and 2 is 40 months.
Q Q
R R
(G. Lam)
S District Judge S
T T
3
U See HKSAR v Ko Ka Hing [2009] 4 HKLRD 856, para.3(c) at p.859. U
V V
由此
A A
B DCCC 1153/2024 B
[2025] HKDC 1259
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E
CRIMINAL CASE NO. 1153 OF 2024 E
F ____________ F
G G
HKSAR
H
v H
KWOK Kei-tai, Koray
I I
____________
J J
K
Before : H.H. Judge G. Lam K
Date : 22 July 2025
Present : Ms. Olivia Hon, PP, of the Department of Justice,
L L
for HKSAR.
Mr. Walker Sham instructed by M/s Annie Leung
M & Co., assigned by the Director of Legal Aid, for M
the defendant.
N Offences : (1) Trafficking in dangerous drugs（販運危險 N
藥物）
O (2) Possession of a dangerous drug（管有危險藥 O
物）
P P
Q REASONS FOR SENTENCE Q
R R
The defendant pleaded guilty to a "trafficking" charge (Charge
S S
1) and a "simple possession" charge (Charge 2).
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C Charge 1 C
D D
2. About 11:18 p.m. on 13 April 2024, PC 60209 (PW1) stopped
E E
the defendant at the junction between Cannon Street and Lockhart Road in
F F
Causeway Bay for enquiry. Upon search, the following items were found in
G the shoulder bag carried by the defendant: (i) 1 resealable plastic bag G
H containing 15 resealable plastic bags which contained a total of 9.00 H
I grammes of a solid containing 7.46 grammes of ketamine; (ii) 1 resealable I
J
plastic bag which contained 2 resealable plastic bags each containing J
another resealable plastic bag which contained a total of 6.54 grammes of a
K K
solid containing 5.15 grammes of ketamine; (iii) 1 resealable plastic bag
L L
containing 11 resealable plastic bags which contained a total of 6.54
M M
grammes of a solid containing 4.84 grammes of ketamine; and (iv) 1
N N
resealable plastic bag containing 12 resealable plastic bags which contained
O O
a total of 3.44 grammes of a solid containing 2.71 grammes of cocaine.
P P
Q 3. PW1 arrested the defendant for "drug trafficking" at 11:23 in Q
R the same evening. Under caution, he admitted that he was carrying R
S
ketamine and "coke". S
T T
U U
V V
由此
- 3 -
A A
Charge 2
B B
C 4. At 11:53 p.m. on the same day, in Wanchai Police Station, C
D PW1 conducted a further search of the defendant's shoulder bag. He found a D
E
rolled up $20 banknote which contained traces of a solid containing E
ketamine. PW1 arrested the defendant for "simple possession". Under
F F
caution, he claimed that the ketamine was for his own consumption.
G G
H H
Admissions
I I
J
5. In his video recorded interviews, the defendant admitted, inter J
alia, that he owed someone named "Muscular" $26,000. Since he was
K K
unable to repay his debt, he resorted to drug trafficking. The ketamine and
L L
cocaine found in the defendant's shoulder bag were given to him by
M M
Muscular. He communicated with Muscular via Telegram. Muscular
N N
would arrange for the drugs to be passed to the defendant, who would then
O O
follow Muscular's instructions to deliver the drugs to the "clients". The
P P
defendant claimed that he had ceased taking ketamine for about half a year.
Q He used to take ketamine 2 to 3 times a week. Q
R R
S S
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 6. The defendant is 18 and has a clear record. Defence counsel C
D Mr. Sham informed me that the defendant resides with his parents and twin D
E
brother. The defendant was not good at studying and has only completed E
Form 3. He has taken up some odd jobs and was mingling with Muscular,
F F
who turned out to be a drug trafficker.
G G
H H
7. In mitigation, Mr. Sham submitted that a friend of the
I I
defendant (surnamed Lau) was helping Muscular to sell drugs. In early
J J
2024, Lau disappeared with $26,000 odd of drug money. Muscular then
K K
held the defendant responsible since he introduced Lau to Muscular. The
L defendant was gullible and did not have money to repay Muscular. So he L
M ended up helping Muscular to deliver drugs to set off his debt. Mr. Sham M
N stressed that the defendant was somewhat "controlled" by Muscular. The N
defendant's parents and twin brother have all commented that he is a helpful
O O
and caring son. The defendant is determined to turn a new leaf and plans to
P P
learn some skills to join the construction industry. He has recently obtained
Q Q
his Construction Safety Card.
R R
S S
8. Drug abuse has been a long-term problem in our society. A
T T
clear message must be conveyed to the general public that "drug trafficking"
U U
V V
由此
- 5 -
A A
is a serious crime (be it in the capacity of a seller, courier or storekeeper) and
B B
that drug traffickers (even fresh young offenders) would most certainly be
C C
punished by long-term imprisonment.
D D
E E
9. Although the defendant is under 21, by virtue of section
F F
109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not
G obtain any pre-sentencing report in relation to Charge 1. I accept that as a G
H general principle, rehabilitation (rather than punishment) plays an important H
I role in reforming young offenders. On the other hand, as a judge, I see day I
J
in and day out persons in my court being charged with "drug trafficking". J
Many of them were just like the defendant – persons in their late teens or
K K
early 20s who got involved with dangerous drugs for various reasons. The
L L
court must make it clear that young age is hardly a mitigating factor in drug
M M
trafficking cases.
N N
O O
10. When young people realize that the court would not treat
P P
young drug traffickers lightly, there would be, hopefully, fewer willing
Q teenagers; thus making it difficult for criminals to exploit our youngsters. Q
R Unless the quantity of dangerous drugs involved is minor or exceptional R
S
circumstances exist, a wrong message would be sent to young people if they S
could avoid imprisonment owing to their age. Undoubtedly, most of them
T T
U U
V V
由此
- 6 -
A A
are "used" by bad persons (or so they claim). That is the reason why we
B B
need to make young people think twice before they agree to be "used".
C C
D D
11. The Court of Appeal has laid down clear sentencing guidelines
E E
for trafficking in ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1)
F F
and cocaine1 (see Attorney General v Pedro Nel Rojas [1994] 2 HKCLR 69
G and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370). For 10 to 50 G
H grammes of ketamine, the sentence ranges from 4 to 6 years' imprisonment. H
I For up to 10 grammes of cocaine, 2 to 5 years' imprisonment. I
J J
12. In determining the proper starting point, I have reminded
K K
myself of the sentencing principles for trafficking in cocktail drugs 2. In
L L
Charge 1, the defendant trafficked in a cocktail of drugs consisting of 17.45
M M
grammes of ketamine and 2.71 grammes of cocaine. For 17.45 grammes of
N N
ketamine, applying a strict arithmetical approach, the appropriate starting
O O
point is 4 years and 5 months. Similarly, for 2.71 grammes of cocaine, 2
P P
years and 10 months. In my view, the "combined approach" would arrive at
Q a realistic and fair sentence. Q
R R
S S
1
The present case predates HKSAR v Huang Ruifang [2025] 2 HKLRD 138.
T 2
See HKSAR v Yip Wai Yin & another CACC 80/2003, HKSAR v Cheng Yat Ming CACC T
455/2006 and HKSAR v Chan Yuk-leong CACC 318/2013.
U U
V V
由此
- 7 -
A A
13. Although less potent than cocaine, the ketamine found in this
B B
case is of a significantly larger quantity. I decided that the quantity of
C C
3
ketamine should form the basis of the starting point . Hence, I adopt a
D D
starting point of 53 months' imprisonment and adjust it upward by 7 months
E E
for the cocaine, arriving at 60 months. With the timely guilty plea, the
F F
sentence is reduced to 40 months. Apart from this, I see no other mitigating
G factors which warrant any further reduction. I sentence the defendant to 40 G
H months' imprisonment for Charge 1. H
I I
J
14. In Charge 2, the defendant possessed a rolled up banknote J
which contained traces of a solid containing ketamine. I adopt a starting
K K
point of 6 weeks' imprisonment. With the timely guilty plea, I sentence the
L L
defendant to 4 weeks' imprisonment.
M M
N N
15. Bearing in mind the totality principle, I order the sentences for
O O
both charges to run concurrently. In other words, the total prison term for
P P
Charges 1 and 2 is 40 months.
Q Q
R R
(G. Lam)
S District Judge S
T T
3
U See HKSAR v Ko Ka Hing [2009] 4 HKLRD 856, para.3(c) at p.859. U
V V