HKSAR v. MAN TING FUNG

DCCC9/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 9 OF 2011

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Reasons for Sentence

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1.  The defendant pleaded guilty to a charge of trafficking in dangerous drugs. The offence was committed on 8 November of last year at a room on the 27th floor of Kam Yiu House in Kam Ying Court, Ma On Shan. The defendant trafficked in 0.2 kilogramme of ketamine.

2.  The facts admitted by the defendant disclose that the defendant lives at the premises where the drugs were found.  The police mounted an anti-dangerous drugs operation outside the premises and at about 6.20 on the evening in question they saw the defendant open the door of the premises for a female who had come to visit him.  The police entered the premises and conducted a search and they found a paper box containing 16 plastic bags of ketamine, 4 plastic bags and a plastic bag containing a piece of issue with a trace of ketamine.

3.  The defendant was cautioned and admitted that he was going to sell the ketamine to earn money.  He was later interviewed and when he was interviewed he told the police that he met a man called Ah Kei in August of 2010 at a bar in Tsim Sha Tsui and Ah Kei asked him whether he wanted to make quick money.  The defendant agreed to help Ah Kei to traffic in ketamine.  The defendant then collected some ketamine from this gentleman who instructed the defendant to deliver it to another male called Ah Ming on 9 November.  The defendant was to receive $18,000 from Ah Ming and he was to keep $3,000 by way of a reward.  He told the police that after collecting the ketamine, he took it to his home and put it inside his bedroom. 

4.  The defendant has a previous conviction for common assault.  In March 2009 he was placed on probation for 12 months. 

5.  The defendant is 17 years of age and he lives with his parents at the address where the drug seizure was made, and the family were not aware of his involvement in this matter.  Other than his parents, the defendant has an elder brother who works as a property agent.

6.  I adjourned the case on the last occasion so that I could have the advantage of report from the Correctional Services Department.  That report states that the defendant was brought up in a working class family and was the younger of two siblings.  His father was a decoration worker and the defendant was mainly taken care of by his mother.  The report describes the mother as being lenient in child discipline and parental guidance.

7.  The defendant displayed no serious misbehaviour when he was younger.  However, out of greediness, he was arrested for theft and cautioned by the police in 2004.  His behaviour deteriorated in Form 2 and he became involved in a case of common assault in August of 2008.  The defendant was placed on probation and his performance improved.  Unfortunately, after completing his probation, he re-associated with some of the people who got him into trouble previously.  He joined the triad society and engaged in fund seeking activities with them in 2010.  He started to take ketamine and out of greediness he was tempted to traffic in ketamine which caused the current offence.

8.  The Correctional Services Department consider the defendant is mentally and physically fit for detention in a training centre and they consider him suitable for detention in a training centre. 

9.  Placed before the court have been a number of letters from the defendant himself, from his parents and from two youth centres.  The parents apologize for their son’s involvement in this matter and ask for a lenient sentence.  The reports from the youth centres speak of the good works carried out by the defendant voluntarily. 

10.  Having considered all the circumstance and, in particular, the age of the defendant, I am not minded to send the defendant to prison, I propose to accept the recommendation of the Correctional Services Department and send him to a training centre.