A DCCC112/2010 A
IN THE DISTRICT COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
CRIMINAL CASE NO.112 OF 2010
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C C
HKSAR
D D
v.
E PONG Hei-kuen E
F F
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G Before: Deputy District Judge A Yim G
Date: 15 July 2010 at 10:34 am
Present: Miss Chan Sze Yan, PP, of the Department of Justice,
H for HKSAR H
Mr. Choi Kai Hung Danny, instructed by Ivan Tang & Co.,
I
assigned by the Director of Legal Aid, for the I
defendant
Offence: (1)Trafficking in a dangerous drug (販運危險藥物)
J (2)Resisting police officer (抗拒執行職責的警務人員) J
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K K
Reasons for Sentence
L --------------------- L
The defendant was charged for:
M 1. trafficking in a dangerous drug, contrary to section 4(1)(a) M
and (3) of the Dangerous Drugs Ordinance, Cap.134
N 2. Resisting police officers in execution of duty, contrary to N
section 63 of the Police Force Ordinance, Cap.232
O The defendant pleaded guilty to charge 1 and admitted the O
facts; he is convicted accordingly on charge 1. Charge 2 was put
on the court file upon the application of the prosecution
P P
Q Facts Q
The defendant and another male MA’s behaviour arouse the
suspicion of the officers PW1 – PW3. The officers approached and
R revealed their identity to the defendant and Ma, then PW1 and R
PW2 made enquiry with the defendant while PW3 made enquiry with
Ma.
S S
Upon a search of the defendant, PW1 found a plastic bag
T containing 4 plastic bags each containing power of ketamine. T
Upon finding the drugs, the defendant suddenly put up a
struggle. Ma took the opportunity to escape. Eventually PW1
U managed to handcuff the defendant and put him under control. U
CRT22/15.7.2010 1 DCCC112/2010/Sentence
V V
A Under caution the defendant admitted he bought the Ketamine A
and intended to share out the drug with his friends.
B B
Upon examination, the content of those 4 plastic bags seized
C C
from the defendant was confirmed to be a total of 10.68 grammes
of a powder containing 8.35 grammes of ketamine. The market
D D
value of the Ketamine seized is HK$1,281.
E E
I refer to the tariffs in HII Siew Cheng that over 1 gramme
F to 10 grammes the range is 2 to 4 years imprisonment. F
G G
I noted that the defendant stated during his cautioned
interview that he was previously a driver earning a monthly wage
H H
of HK$9000 to HK$10,000 for about a year, and he was addicted to
I
ketamine and consumed the drug once or twice every week and each I
dosage cost him HK$200. Should the defendant is a person who
J would have prepared to spend over 2 month wages on entertainment J
he would not be able to save up HK$23,276.80 with a monthly
K wages between HK$9,000 to HK$10,000. I do not accept that the K
HK$23,276.80 found on him was his savings from his previous job.
L L
Further, I noted that the defendant had 2 mobile phones on him.
I do not accept that he did not profit from trafficking, yet I
M M
accept some of the Ketamine was for his own consumption
N N
I consider the appropriate starting point for trafficking
O 8.35 grammes of ketamine to be 3.5 years, however, in view of O
the age of the defendant and some was for his consumption, I
P P
reduce it to 3 years.
Q Q
The defendant aged 23, single, lives with his father and
R step mother together with his step-siblings. He used to be a R
transportation worker but he was lay off at the material time.
S He has two previous conviction records including one possession S
of dangerous drugs. The defendant has been sentenced to a
T T
rehabilitation centre yet he failed to learn a lesson, and he is
a member of triad society of 14K.
U U
CRT22/15.7.2010 2 DCCC112/2010/Sentence
V V
A The defendant entitled to 1/3 discount for his plea, I do not A
consider there to be any mitigating factor that call for further
B deduction. B
C C
The defendant should take this opportunity to alienate from
the triad society and to pick up some skill in the next year or
D D
so; then lives an honest life thereafter, and not to waste his
E life on drugs ever again. E
F Order F
The defendant is sentenced to 2 years imprisonment.
G G
H H
I I
J J
A Yim
K Deputy District Judge K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT22/15.7.2010 3 DCCC112/2010/Sentence
V V