HKSAR v. CHAN CHO KIU

DCCC 42/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 42 OF 2014

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Reasons for Sentence

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1.  The defendant pleaded guilty to a charge of trafficking in 21.16 grammes of cocaine.

2.  The circumstances of the offence are that on 18 October of 2013 at about 2045 hours, an off‑duty officer was driving his private vehicle and parked it near Ka Wing Street in Yau Tong in Kowloon.  He noticed the defendant getting out of a taxi, and she looked around, and made a call on her mobile phone.  About a minute later, an unknown male approached the defendant, and the man gave something to the defendant and the defendant took something from the area of her waist and gave it to the man.  The defendant and the man then walked away.

3.  The off-duty officer got down from his private vehicle and intercepted the defendant at the junction of Yan Wing Street and Ko Chiu Road.  He made inquiry of the defendant and she asked for a chance, and took out a bag containing the drugs the subject of the charge.

4.  She was arrested, and admitted that she was in possession of the drugs the subject of the charge.  She told the police that her family needed money, and she contacted a man called “Fei Bong”, who offered her work in trafficking in dangerous drugs, and she would sell these for $200 to $300 per packet and receive a reward of $50 to $100 for each small packet delivered.  She worked at a salon, earning some $6,000 per month, and she gave half of that to her mother.  She said that she was living in the King Nam Estate with her family.

5.  The value of the drugs recovered from the defendant was just in excess of $26,000.

6.  The defendant has a clear record.  She is 17 years of age and educated to Form 4 standard.  Her family are in court today, and they were in court on the last occasion that she appeared before the court.

7.  On the previous occasion the defendant appeared before the court, I adjourned the case for a training centre report.  I pointed out to the defendant on that occasion that ordinarily, an offence of this gravity would attract a sentence of about 6 years’ imprisonment, and that after the plea, a sentence of 4 years would be deemed appropriate.  I was, however, prepared to obtain a training centre report to explore that as a possible option.

8.  The author of the report says that throughout her upbringing, the defendant was given sufficient parental guidance and supervision.  However, it was considered to be ineffective, and both parents were leaving to the child discipline.  The defendant was born the youngest child, amongst three siblings, to her parents.  She had an uneventful childhood, but had poor performance in her primary school years.  She befriended some drug-taking peers in the summer vacation of her Form 1, but she claimed that she did not pick up the vice habit at that time.  She started taking ketamine in July 2010.  The defendant quit school in 2012, and started taking “Ice” and cocaine in September of 2013.

9.  After general assessment of her behaviour and attitude whilst on remand, the officer considers the defendant to be suitable for detention in a training centre.

10.  In view of the mitigation which has been extended in this case to the court, I am prepared to go along with the recommendation of the officer from the Correctional Services Department.  It is also very clear to me that a period of detention in a training centre would be far more beneficial to her long term than any period of imprisonment.

11.  I therefore order that the defendant be detained in a training centre.