HKSAR v. LAU CHEUNG PUI

 DCCC92/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 92 OF 2010

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Reasons for Sentence

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1.  D4 pleaded guilty to a charge of "Possession of a dangerous drug" (Charge 7). The dangerous drug involved is ketamine.

Summary of Facts

2.  At about 10:15 pm on 11 November 2009, police officers were observing Male 1, who was acting furtively near the junction of Nathan Road and Nelson Street in Mongkok. They saw Male 2 and another male approach Male 1. Male 1 handed something to Male 2 quickly, then the parties separated.

3.  A separate group of police officers continued to observe Male 1. He entered a washroom in Langham Place together with Male 3 and D4. Police officers followed them into the washroom. They saw Male 1 and Male 3 enter the same cubicle. When Male 3 and D4 left the washroom, they were intercepted by police officers.

4.  D4 was searched. One plastic bag containing suspected dangerous drug was found on him. Under caution, D4 admitted that he bought the drug at $1,100 for self-consumption. This is Charge 7.

5.  The Government Chemist examined the drug seized from D4 and confirmed that it is 12.48 grammes of a powder containing 7.76 grammes of ketamine.

Mitigation & Sentence

6.  D4 is now 27 years old and has 6 previous convictions, 2 of which are related to dangerous drugs. He has been to the DATC once in December 2003. His personal and family background as well as employment history are unremarkable.

7.  I am told that D4 was sentenced to 4 months imprisonment yesterday (31 March 2010) for another drug-related offence in STCC 7261/2009, the offence date of which is December 2009.

8.  According to the DATC Report, D4 is no longer drug dependent. In view of his record, an immediate custodial sentence is inevitable. Taking into consideration of the nature and quantity of the drug involved, I adopt a starting point of 9 months imprisonment. One-third discount is given for the guilty plea, reducing the sentence to 6 months. Apart from this, I see no other mitigating factors which warrant any further discount. The sentence for Charge 7 is therefore 6 months imprisonment.

9.  I note that D4 committed the offence in the Shatin case whilst on bail in the present case. Both cases are related to drugs and are separate and distinct. On this basis, notwithstanding totality, I order the sentence in this case to run consecutive to the sentence in STCC 7261/2009. The total term for both cases should be 10 months.