A HCCC153/2009 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 153 OF 2009
C C
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D D
HKSAR
E v. E
Tang Kei-yip
F F
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G G
Before: Hon McMahon J
Date: 9 July 2009 at 10.22 am
H Present: Ms Laura Ng, SPP, of the Department of Justice, for H
HKSAR
I
Mr James H M McGowan, instructed by Messrs Alvin I
Cheng & Rosaline Choy, assigned by the Director
of Legal Aid, for the Accused
J Offence: (1) Trafficking in a dangerous drug (販運危險藥物) J
(2) Possession of a dangerous drug (管有危險藥物)
K K
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Transcript of the Audio Recording
L of the Sentence in the above Case L
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M COURT: The defendant pleaded guilty at Eastern Magistracy to M
an offence of trafficking in 183.63 grammes of ketamine -
N the 1st charge - and to possession of a cocktail of drugs N
comprising an aggregate of 1.157 grammes of estazolam, 0.02
of a gramme of heroin, and 0.01 of a gramme of midazolam -
O the 2nd charge. O
He was committed to this court for sentence pursuant to the
P provisions of section 81B of the Magistrates Ordinance. P
Q The facts of the case are that, on the day of the offence, Q
the defendant was present in a flat which was being kept
under surveillance by police armed with a search warrant.
R When two other males left the flat, they were apprehended by R
the police who then also gained entry to the premises. The
defendant was found inside the flat, nearby the front door.
S S
The premises were then searched and the drugs the subject of
both charges were found in a wardrobe in a storeroom in the
T premises. T
The flat was owned by the defendant’s mother and he resided
U in the premises at that time. The defendant admits that he U
CRT35/9.7.2009/CC 1 HCCC153/2009/Sentence
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A was trafficking in the drugs found in the premises, the A
subject of the 1st charge, and that he possessed the drugs
the subject of the 2nd charge.
B B
The offences in the present case occurred more than two
months after the case of The Secretary for Justice v Hii
C C
Siew Cheng, Court of Appeal Application for Review No.
7/2006. In my view, the new guidelines suggested in that
D case fully apply to the 1st charged offence. D
In respect of that offence and given the quantity of
E ketamine involved, I take a starting point of sentence of E
7 years’ imprisonment. The only mitigation of substance
available to the defendant is his guilty plea and, on that
F F
basis, the sentence is reduced to 4 years 8 months’
imprisonment.
G G
I take a starting point of sentence, in respect of the
offence the subject of the 2nd charge, of 3 months’
H imprisonment. H
I
In arriving at that starting point, I recognise that there I
was a considerable risk of the drugs the subject of the 2nd
charge falling into the hands of others. The defendant
J trafficked in ketamine at the same premises. Other persons J
had just left his premises when the police arrived and the
drugs the subject of the 2nd charge were kept in the same
K place as the ketamine in which the defendant trafficked. K
L Again, the only mitigation is the defendant’s plea of guilty L
and his sentence is reduced to one of 2 months’
imprisonment.
M M
So far as the totality of sentence is concerned, I consider
that because of the latent risk involved in the defendant’s
N possession of the drugs the subject of the 2nd charge, to N
which I have referred, 1 month of that sentence should be
O served consecutively to the sentence imposed in respect of O
the first charged offence.
P That results in a totality of sentence of 4 years 9 months’ P
imprisonment.
Q Q
R R
S S
T T
U U
CRT35/9.7.2009/CC 2 HCCC153/2009/Sentence
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