A A
DCCC1034/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 1034 OF 2011 C
D
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HKSAR
E E
v.
F Yu Chuen-kwan F
G ---------------------- G
Before: H H Judge Geiser
H Date: 28 November 2011 at 10.25 am H
Present: Ms Nisha Mohamed, Counsel on fiat, for HKSAR
Mr Neil S Mitchell, instructed by B Manek & Co.,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Trafficking in a dangerous drug (販運危險藥物) J
(2) Possession of dutiable goods (管有應課稅貨品)
(3) Failing to declare to a member of the Customs and
K K
Excise Service (沒有向香港海關人員申報)
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Reasons for Sentence
M M
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N N
1. Defendant, you have pleaded guilty to three charges,
O O
the first being an offence of trafficking in dangerous drugs,
contrary to section 4(1) (a) and (3) of the Dangerous Drugs
P P
Ordinance, Cap.134, Laws of Hong Kong, the particulars being
Q that on 17 July of this year at the Customs Arrival Hall at Lok Q
Ma Chau, you trafficked in 9.62 grammes of ketamine.
R R
2. Charges 2 and 3 are offences under the Dutiable
S Commodities Ordinance, Cap.109, Laws of Hong Kong, Charge 2 S
being an offence possession of 86 dutiable cigarettes and Charge
T T
3 being an offence of failing to declare those 86 dutiable
cigarettes to a member of the Customs and Excise service.
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A A
3. The Summary of Facts which you have accepted are
extremely straightforward and speak for themselves, in that when
B B
you arrived at the Lok Ma Chau Control Point you took the green
C channel quite obviously indicating that you had nothing to C
declare. You were stopped by a Customs officer who searched you
D and from your front trousers pocket 2 plastic bags and a HK$20 D
bank note which was folded into a packet which was found to
E E
contain the ketamine. From your travel bag 105 cigarettes were
found, 86 of which were undeclared and in excess of the 19 stick
F F
concession.
G G
4. In a subsequent interview under caution you told the
H Customs officer that the drugs were for your own consumption. H
I I
5. You are 36 years of age. You do have a number of
previous convictions, four of which are for drug abuse. With
J J
regard to the first offence, I do accept from your counsel that
K
this is a technical offence of trafficking in dangerous drugs in K
that you imported the ketamine from the Mainland but almost
L certainly bearing in mind the small quantity of drugs that you L
had and your past criminal record which speaks of your being
M addicted to drugs, you had these drugs on you for your own M
consumption.
N N
6. Nevertheless, the offence is one of trafficking and it
O O
is for that offence that I must sentence you. The sentencing
P guidelines relating to trafficking in ketamine are to be found P
in SJ v Hii Siew Cheng [2008] HKCA 200, and for between 1 to 10
Q grammes of ketamine, the sentences range between 2 to 4 years’ Q
imprisonment.
R R
7. Taking account of the matters that I have referred to,
S S
it seems to me that justice can be served by my taking a
T starting point toward the lower end of those guideline and I T
propose to adopt a starting point of 30 months’ imprisonment. I
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A A
will discount that by one-third to reflect you plea of guilty,
coming to 20 months’ imprisonment on Charge 1.
B B
C 8. On Charges 2 and 3, I impose a fine on you of $500 in C
relation to each charge. The total fine of $1,000 is to be paid
D within 28 days of your release from prison. D
E E
F F
G H H Judge Geiser G
District Judge
H H
I I
J J
K K
L L
M M
N N
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Q Q
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