由此
A A
B DCCC 391/2024 B
[2025] HKDC 48
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E
CRIMINAL CASE NO. 391 OF 2024 E
F
____________ F
G HKSAR G
v
H H
TAN Jiale
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 7 January 2025 K
Present : Mr. Hanz Yong, PP, of the Department of Justice,
L
for HKSAR. L
Mr. Foster Yim instructed by M/s T.C. Foo & Co.,
assigned by the Director of Legal Aid, for the
M M
defendant.
Offence : Trafficking in dangerous drugs（販運危險藥物）
N N
O O
REASONS FOR SENTENCE
P P
Q The defendant pleaded guilty to a charge of "Trafficking in Q
R
dangerous drugs". The dangerous drugs involved are cocaine and ketamine. R
S S
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. About 7:55 a.m. on 26 November 2023, PC 21248 (PW2) and C
D PC 14796 (PW3) were on patrol in an unmarked police car. At the junction D
E
between Chatham Road South and Prat Avenue, they spotted a private car E
PG7713 ("the Car") connected to a non-payment of fine. PW2 used the loud
F F
speaker to order the driver of the Car ("the Driver") to stop.
G G
H H
3. The Driver ignored PW2's instructions. He instead accelerated
I I
on Chatham Road South and turned left onto Austin Avenue. He drove
J J
dangerously along the way. Upon reaching Gascoigne Road, the Car
K K
crashed into a double-decker bus. The Driver and the defendant (who was
L in the front passenger seat) alighted from the Car and fled. PWs 2 and 3 L
M continued with the pursuit. The defendant was seen holding a black plastic M
N bag when he got out of the Car. N
O O
4. PW2 managed to subdue the defendant at Wylie Path. When
P P
struggling with PW2, the defendant threw a black plastic bag (E1) on the
Q Q
ground. E1 was found to contain 40 small resealable plastic bags (16 with a
R R
red seal and 24 with a blue seal) which contained a total of 5.86 grammes of
S S
a solid containing 5.22 grammes of cocaine (collectively E2).
T T
U U
V V
由此
- 3 -
A A
5. The Car was searched by the Police and the following items
B B
were found in the storage compartment between the driver's seat and the
C C
front passenger seat ("the Compartment") :-
D D
(i) a black plastic bag containing 100 small resealable plastic bags
E E
(16 with a blue seal and 84 with a red seal) which contained a
F total of 14.57 grammes of a solid containing 12.39 grammes of F
cocaine (collectively E3); and
G G
(ii) 1 resealable plastic bag containing 5 small resealable plastic
H H
bags (all printed with the "smiley face" pattern) which
I contained a total of 2.96 grammes of a solid containing 2.49 I
grammes of ketamine (collectively E4).
J J
K K
6. The defendant's fingerprint was found on the front nearside
L L
door of the Car.
M M
N N
7. Mr. Chan (PW1), registered owner of the Car, stated that he
O lent the Car to a friend at the end of 2023. PW1 claimed that he did not O
P know the defendant and had no knowledge about the drugs found. P
Q Q
R
8. In his video recorded interview, the defendant revealed the R
Driver's mobile phone number. He claimed that about 6:00 a.m. on 26
S S
November 2023, the Driver picked him up at Prince Edward. He drove the
T T
U U
V V
由此
- 4 -
A A
defendant to Ma On Shan and alighted from the Car. After about 10 minutes,
B B
The Driver returned carrying with him 2 black plastic bags, which he then
C C
put in the Compartment. After the collision, the defendant and the Driver
D D
both left the Car.
E E
F F
9. The defendant now admits that he possessed all the dangerous
G drugs found in this case (i.e. E2 to E4) for the purpose of unlawful G
H trafficking. H
I I
J
Mitigation & Sentence J
K K
10. The defendant is 18 and has a clear record. Defence counsel
L Mr. Yim informed me that the defendant is educated up to Form 4. He was L
M born in the mainland and came to Hong Kong in 2018. The defendant's M
N mother left the family when he was only 2 years old. At present, he resides N
with his father, stepmother, grandfather and 2 younger siblings. In
O O
mitigation, Mr. Yim submitted that the defendant was only 17 when he
P P
committed the present offence. He was immature and susceptible to bad
Q Q
influence. As a result, he made some poor decisions.
R R
S S
11. 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. Also, being in financial difficulty
D D
(however serious) is no mitigating factor for committing a crime.
E E
F F
12. Although the defendant is under 21, by virtue of section
G 109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not G
H obtain any pre-sentencing report. I accept that as a general principle, H
I rehabilitation (rather than punishment) plays an important role in reforming I
J
young offenders. On the other hand, as a judge, I see day in and day out J
persons in my court being charged with "drug trafficking". Many of them
K K
were just like the defendant – persons in their late teens or early 20s who got
L L
involved with dangerous drugs for various reasons. The court must make it
M M
clear that young age is hardly a mitigating factor in drug trafficking cases.
N N
O O
13. 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
14. The Court of Appeal has laid down clear sentencing guidelines
E E
for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2
F F
HKCLR 69 and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370)
G and ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1). For 10 to 50 G
H grammes of cocaine, the sentence ranges from 5 to 8 years' imprisonment. H
I For up to 10 grammes of ketamine, 2 to 4 years' imprisonment. I
J J
15. In determining the proper starting point, I have reminded
K K
myself of the sentencing principles for trafficking in cocktail drugs stated in
L L
HKSAR v Yip Wai Yin & another CACC 80/2003 and HKSAR v Cheng Yat
M M
Ming CACC 455/2006. In the present case, the defendant trafficked in a
N N
cocktail of drugs consisting of 17.61 grammes of cocaine and 2.49 grammes
O O
of ketamine. For 17.61 grammes of cocaine, applying a strict arithmetical
P P
approach, the appropriate starting point is 67 months' imprisonment.
Q Similarly, for 2.49 grammes of ketamine, 28 months. In my view, the Q
R "combined approach" would arrive at a realistic and fair sentence. R
S S
T T
U U
V V
由此
- 7 -
A A
16. Since cocaine is more potent than ketamine and has a larger
B B
quantity in this case, it shall form the basis of the starting point. Hence, I
C C
adopt a starting point of 67 months' imprisonment and adjust it upward by 2
D D
months for the ketamine, arriving at 69 months. With the timely guilty plea,
E E
the sentence is reduced to 46 months. I notice that the bulk of the dangerous
F F
drugs were found in the Compartment and that the Driver is still at large,
G there remains a possibility that the defendant was less culpable than the G
H Driver. On this basis, I exercise my discretion to grant him a further H
I discount of 2 months. I sentence the defendant to 44 months' imprisonment. I
J J
K K
(G. Lam)
L L
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
由此
A A
B DCCC 391/2024 B
[2025] HKDC 48
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E
CRIMINAL CASE NO. 391 OF 2024 E
F
____________ F
G HKSAR G
v
H H
TAN Jiale
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 7 January 2025 K
Present : Mr. Hanz Yong, PP, of the Department of Justice,
L
for HKSAR. L
Mr. Foster Yim instructed by M/s T.C. Foo & Co.,
assigned by the Director of Legal Aid, for the
M M
defendant.
Offence : Trafficking in dangerous drugs（販運危險藥物）
N N
O O
REASONS FOR SENTENCE
P P
Q The defendant pleaded guilty to a charge of "Trafficking in Q
R
dangerous drugs". The dangerous drugs involved are cocaine and ketamine. R
S S
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. About 7:55 a.m. on 26 November 2023, PC 21248 (PW2) and C
D PC 14796 (PW3) were on patrol in an unmarked police car. At the junction D
E
between Chatham Road South and Prat Avenue, they spotted a private car E
PG7713 ("the Car") connected to a non-payment of fine. PW2 used the loud
F F
speaker to order the driver of the Car ("the Driver") to stop.
G G
H H
3. The Driver ignored PW2's instructions. He instead accelerated
I I
on Chatham Road South and turned left onto Austin Avenue. He drove
J J
dangerously along the way. Upon reaching Gascoigne Road, the Car
K K
crashed into a double-decker bus. The Driver and the defendant (who was
L in the front passenger seat) alighted from the Car and fled. PWs 2 and 3 L
M continued with the pursuit. The defendant was seen holding a black plastic M
N bag when he got out of the Car. N
O O
4. PW2 managed to subdue the defendant at Wylie Path. When
P P
struggling with PW2, the defendant threw a black plastic bag (E1) on the
Q Q
ground. E1 was found to contain 40 small resealable plastic bags (16 with a
R R
red seal and 24 with a blue seal) which contained a total of 5.86 grammes of
S S
a solid containing 5.22 grammes of cocaine (collectively E2).
T T
U U
V V
由此
- 3 -
A A
5. The Car was searched by the Police and the following items
B B
were found in the storage compartment between the driver's seat and the
C C
front passenger seat ("the Compartment") :-
D D
(i) a black plastic bag containing 100 small resealable plastic bags
E E
(16 with a blue seal and 84 with a red seal) which contained a
F total of 14.57 grammes of a solid containing 12.39 grammes of F
cocaine (collectively E3); and
G G
(ii) 1 resealable plastic bag containing 5 small resealable plastic
H H
bags (all printed with the "smiley face" pattern) which
I contained a total of 2.96 grammes of a solid containing 2.49 I
grammes of ketamine (collectively E4).
J J
K K
6. The defendant's fingerprint was found on the front nearside
L L
door of the Car.
M M
N N
7. Mr. Chan (PW1), registered owner of the Car, stated that he
O lent the Car to a friend at the end of 2023. PW1 claimed that he did not O
P know the defendant and had no knowledge about the drugs found. P
Q Q
R
8. In his video recorded interview, the defendant revealed the R
Driver's mobile phone number. He claimed that about 6:00 a.m. on 26
S S
November 2023, the Driver picked him up at Prince Edward. He drove the
T T
U U
V V
由此
- 4 -
A A
defendant to Ma On Shan and alighted from the Car. After about 10 minutes,
B B
The Driver returned carrying with him 2 black plastic bags, which he then
C C
put in the Compartment. After the collision, the defendant and the Driver
D D
both left the Car.
E E
F F
9. The defendant now admits that he possessed all the dangerous
G drugs found in this case (i.e. E2 to E4) for the purpose of unlawful G
H trafficking. H
I I
J
Mitigation & Sentence J
K K
10. The defendant is 18 and has a clear record. Defence counsel
L Mr. Yim informed me that the defendant is educated up to Form 4. He was L
M born in the mainland and came to Hong Kong in 2018. The defendant's M
N mother left the family when he was only 2 years old. At present, he resides N
with his father, stepmother, grandfather and 2 younger siblings. In
O O
mitigation, Mr. Yim submitted that the defendant was only 17 when he
P P
committed the present offence. He was immature and susceptible to bad
Q Q
influence. As a result, he made some poor decisions.
R R
S S
11. 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. Also, being in financial difficulty
D D
(however serious) is no mitigating factor for committing a crime.
E E
F F
12. Although the defendant is under 21, by virtue of section
G 109A(1A) of the Criminal Procedure Ordinance (Cap.221), I need not G
H obtain any pre-sentencing report. I accept that as a general principle, H
I rehabilitation (rather than punishment) plays an important role in reforming I
J
young offenders. On the other hand, as a judge, I see day in and day out J
persons in my court being charged with "drug trafficking". Many of them
K K
were just like the defendant – persons in their late teens or early 20s who got
L L
involved with dangerous drugs for various reasons. The court must make it
M M
clear that young age is hardly a mitigating factor in drug trafficking cases.
N N
O O
13. 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
14. The Court of Appeal has laid down clear sentencing guidelines
E E
for trafficking in cocaine (see Attorney General v Pedro Nel Rojas [1994] 2
F F
HKCLR 69 and The Queen v Lau Tak Ming & others [1990] 2 HKLR 370)
G and ketamine (see SJ v Hii Siew Cheng [2009] 1 HKLRD 1). For 10 to 50 G
H grammes of cocaine, the sentence ranges from 5 to 8 years' imprisonment. H
I For up to 10 grammes of ketamine, 2 to 4 years' imprisonment. I
J J
15. In determining the proper starting point, I have reminded
K K
myself of the sentencing principles for trafficking in cocktail drugs stated in
L L
HKSAR v Yip Wai Yin & another CACC 80/2003 and HKSAR v Cheng Yat
M M
Ming CACC 455/2006. In the present case, the defendant trafficked in a
N N
cocktail of drugs consisting of 17.61 grammes of cocaine and 2.49 grammes
O O
of ketamine. For 17.61 grammes of cocaine, applying a strict arithmetical
P P
approach, the appropriate starting point is 67 months' imprisonment.
Q Similarly, for 2.49 grammes of ketamine, 28 months. In my view, the Q
R "combined approach" would arrive at a realistic and fair sentence. R
S S
T T
U U
V V
由此
- 7 -
A A
16. Since cocaine is more potent than ketamine and has a larger
B B
quantity in this case, it shall form the basis of the starting point. Hence, I
C C
adopt a starting point of 67 months' imprisonment and adjust it upward by 2
D D
months for the ketamine, arriving at 69 months. With the timely guilty plea,
E E
the sentence is reduced to 46 months. I notice that the bulk of the dangerous
F F
drugs were found in the Compartment and that the Driver is still at large,
G there remains a possibility that the defendant was less culpable than the G
H Driver. On this basis, I exercise my discretion to grant him a further H
I discount of 2 months. I sentence the defendant to 44 months' imprisonment. I
J J
K K
(G. Lam)
L L
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V