A HCCC 97/2014 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 97 OF 2014
C C
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D D
HKSAR
E v E
Chan Kong-tat
F F
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G G
Before: DHCJ McMahon
Date: 14 May 2014 at 9.58 am
H Present: Miss Claudia Ng, Acting SPP of the Department of H
Justice, for HKSAR
I
Mr Woon Jee-quan, Freddy, instructed by C S Chan I
& Co, assigned by Director of Legal Aid, for the
accused
J Offence: (1) & (2) Trafficking in dangerous drugs (販運危險藥物) J
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K K
Transcript of the Audio Recording
of the Sentence in the above Case
L --------------------------------- L
COURT: The 49-year-old defendant pleaded guilty in Eastern
M Magistracy to two charges of trafficking in dangerous drugs M
and was committed to this court for sentence pursuant to
section 81B of the Magistrates Ordinance, Chapter 227.
N N
The 1st charge related to his trafficking in 84.89 grammes
O of ketamine and 2.06 grammes of cocaine. The 2nd charge O
involved trafficking in 289.44 grammes of ketamine and 10.05
grammes of cocaine.
P P
The facts of the case were not unusual. The defendant, on
the relevant date, was seen leaving premises in Sau Mau Ping
Q Q
Estate in Kowloon by a team of police on an anti-drug
operation. They intercepted and searched him. In the
R defendant’s waist bag were found the drugs particularised in R
the 1st charge. Following that, he was taken back to the
premises and the drugs the subject of the 2nd charge were
S found. The defendant admitted at an early stage that all S
the drugs on his person and those in his premises belonged
T
to him. T
So far as the 1st charge is concerned, I approach sentencing
U on the basis that the primary drug in the mixture found on U
CRT36/14.5.2014/CC 1 HCCC 97/2014/Sentence
V V
A the defendant’s person was the ketamine and, taking into A
account the nature and quantities of the drugs found, adopt
a starting point of sentence of 7 years’ imprisonment.
B B
The only mitigation of substance available to the defendant
is his plea of guilty and that starting point is reduced on
C C
that basis to a sentence of 4 years and 8 months’
imprisonment.
D D
So far as the second charged offence is concerned, on the
same basis, I adopt a starting point of sentence of 9 years’
E imprisonment. Again, the only mitigation is the defendant’s E
plea of guilty and that starting point of sentence is
reduced to one of 6 years’ imprisonment.
F F
In considering the totality of sentence, I take into account
G the totality of drugs and order that 2 years 8 months of the G
sentences be served concurrently and the balance of the
sentences be served consecutively. That results in a
H totality of sentence of 8 years’ imprisonment. H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT36/14.5.2014/CC 2 HCCC 97/2014/Sentence
V V