DCCC 469/2024

[2025] HKDC 1290

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 469 OF 2024

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Reasons for Sentence

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1. The defendant pleaded guilty to one count of trafficking in a dangerous drug that involved 14.24 grammes of ketamine.

Brief Facts

2. On 26 October 2022, at about 0737 hours, a party of police officers intercepted the defendant, who was with a woman and a child, outside the rubbish collection point of the village office of Wong Nai Tun Tsuen, Yuen Long. Upon body search, nothing illicit was found on the defendant. The defendant told the police that he was living at No. 90 Wong Nai Tun Tsuen. By using the key provided by the defendant, the police entered the defendant’s residence at Room 3, G/F, No. 90 Wong Nai Tun Tsuen (“the flat”). No one was in the Flat.

3. With a search warrant, the police conducted a house search and found the following items: -

(1) on a shelf in the living room, a paper box containing 2 transparent resealable plastic bags containing dangerous drugs (P1 and P2); and

(2) on the desk in the bedroom, a tenancy agreement of the flat.

4. Under caution, the defendant said the 2 bags of ‘K Chai’ were for his self-consumption. In the subsequent video-recorded interview, the defendant admitted, inter alia, the following: -

(1) The defendant was unemployed and was residing at the flat.

(2) The 2 bags of drugs are ketamine and he placed them in a coffee box.

(3) P1 and P2 were purchased by the defendant at about $1,500 from a man called ‘Ah Kai’ about one month ago. He could not provide the contact details of Ah Kai.

(4) The defendant rented the flat since late February 2022 at a rental of $5,500. He was the tenant as shown in the tenancy agreement.

(5) The key to the flat was seized from him.

5. Chemical analysis confirmed that P1 is one plastic bag containing 10g of a solid containing 7.65g of ketamine; and P2 is one plastic bag containing 8.29g of a solid containing 6.59g of ketamine. The estimated market price of the ketamine so seized was $9,142.

Mitigation

6. The defendant is now aged 38. He was educated up to Form 2 level. His mother has a history of liver cancer, and she visited the defendant almost every week. The defendant is single but has 2 young daughters and one son with his current girlfriend. The defendant was in custody since December 2023 for this case.

7. The defence submitted that the quantity of drugs was at the lower end of the band, and the drug was for both his own consumption and onward sale (para. 15(f) of the mitigation). The defence tendered the mitigation letters in Chinese of his parents and aunt. Today, the defendant presented a mitigation letter in English. The defence said th