HKSAR v. LAM WING HO

DCCC1422/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1422 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) of the Dangerous Drugs Ordinance.

2.  You admitted that on 12 November 2009, at Room M2 “Club PP” at Chinachem Golden Plaza Building in Mody Road, Tsim Sha Tsui, you unlawfully trafficked in dangerous drugs, namely, 19.97 grammes of a powder containing 14.48 grammes of ketamine, 37 tablets containing 0.32 gramme of nimetazepam, 3.03 grammes of a solid containing 1.81 grammes of cocaine and 4 tablets containing 0.01 gramme of methamphetamine and 0.18 gramme of ketamine.

3.  On the day in question, in the early hours of the morning at about 1 am, a security guard working as the club spotted you walking to the toilet at about 1 am on several occasions, talking to other males and acting suspiciously. Having strong suspicions that you were a drug addict, he called his colleague and brought you to the VIP Room of the club and kept you inside whilst a report was made to the police.

4.  The police arrived shortly after at the club at about 1.18. The police then searched you as they suspected you were in possession of drugs. Inside the right and left front pocket of your jacket, they found the drugs as I have stated in the charge. The 14.48 grammes of ketamine was found in 46 plastic packets; the nimetazepam was contained in five foil packets; the 1.81 grammes of cocaine were contained in two plastic packets; and the tablets containing the methamphetamine and ketamine were contained in another plastic packet.

5.  You were arrested by the police for possession of dangerous drug, and under caution, you said that the drugs were given to you by your friend, Ah Gwaat. You knew the seized drugs were “K Chai” (that is ketamine), “Ng Chai” (that is nimetazepam), “Fing Tau” (MDMA) and “Coke” (cocaine).

6.  Your counsel, Mr Hui, has made full mitigation on your behalf and I have taken into account all that he has had to say. You are a young man, 20 years of age and are of clear record. As I mentioned to you on the last occasion, for trafficking in dangerous drugs, there are clear guidelines by the Court of Appeal that the sentence for this offence is an immediate sentence of imprisonment. The courts reflect the gravity and seriousness of trafficking in dangerous drugs.

7.  Given your young age and your clear record, I called for a training centre report. I have informed you that this was no indication of what sentence I may and can pass. All sentencing options would be open, including one of an immediate period of imprisonment.

8.  I have read the contents of the training centre report. Mr Hui informs me that you understand the contents, agree to the contents and confirm the same and accept and are willing to receive punishment by being sent to training centre.

9.  As to your background, very sadly, your father deserted the family in early 2000. That was when you were very young, about 10 years old. Since then, your mother has, unfortunately, had to therefore fend for herself and support yourself and your three siblings. Since your mother started work, needless to say, parental supervision became loose and your wilfulness grew unchecked. You then dropped out of school after completing Form 4 and then began to associate with some undesirable peers who introduced you to drugs. You then became involved in this present offence.

10.  I see from the presence of your family members today in court that they all show great concern to you. This is something I believe you now understand and treasure and should do in the future. You have pleaded guilty and have shown me your remorse. Usually, for this type of offence, if you are over 21 and thus an adult, you will be looking at about 5 to 6 years’ imprisonment as a starting point after trial. However, given your plea of guilty, that term will be discounted and you will be looking at between 3 and 4 years’ imprisonment.

11.  I have balanced that out with your young age and your clear record, and I consider that more beneficial to you is a punitive as well as a rehabilitative sentence, and therefore instead of sending you to prison, I consider that a term of detention in a training centre to be more beneficial to you.

12.  Please stand up, Defendant. In order to help you gain insight into your delinquent behaviour, a period of disciplinary training coupled with statutory supervision, I feel, is beneficial to you and in those circumstances, I sentence you to detention in a training centre.