HKSAR v. CHIU PUI MING

DCCC617/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 617 OF 2012

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges of possession of a dangerous drug.

2.  You committed the first offence on 18 April in Chuk Yuen South Estate where you had in your possession 14.44 grammes of a powder containing 11.82 grammes of ketamine.  The second offence was committed whilst you were on bail for the first offence and that offence was committed on 6 June 2012 at Wong Tai Sin Estate where you had in your possession 13.05 grammes of a powder containing 10.26 grammes of ketamine.

3.  On both these occasions you were intercepted by patrolling police officers.  On the first occasion they saw you walking and acting suspiciously.  When they approached you, you threw a plastic bag of drugs which were in two packets into a flowerbed nearby.  The officers picked up the drugs and arrested you for possession of dangerous drugs.

4.  Under caution, you admitted that the drugs were for your own consumption. 

5.  On the second occasion, on 6 June, you were spotted with a group of about six people beside two private cars.  When the police came, some of the group walked away and some of you tried to board the vehicle.  The officers managed to intercept you and another person and found on the vehicle the drugs concerned in the glove compartment. 

6.  You were arrested and cautioned for the offence of possession of dangerous drugs.  You admitted that the drugs were for your own consumption. 

7.  The drugs in question in respect of both charges amounted in the 1st charge to $1,600; and the 2nd charge to $1,400.

8.  Defendant, you are 20 years of age.  You have four previous convictions of which two are also for possession of dangerous drugs.

9.  As you pleaded guilty to possession of dangerous drugs, I called for a drug addiction treatment centre report.

10.  Your report is extensive and covers your family background, history and lifestyle.

11.  Mr Yeung, your solicitor, has made very full and thorough mitigation on your behalf this morning.

12.  I have also received a letter written by yourself to me which is, on the face of it, a very mature and self-reflecting letter about yourself.

13.  Despite your young age, as you yourself mentioned, you have spent 3 years of your 19 young years in prison or in custody so far.  Through your own observation, you understand that is as a result of you being dependent on dangerous drugs. 

14.  As Mr Yeung rightly points out, the brunt of your problem and troubles is from drugs.  Although the report has said that you are obstinate and blind to your problems, it appears to me now at least, on the face of it through your expression in your letter, and the fact that you will soon be a father that you now realize that you must do something about your drug dependency. 

15.  You have indicated to me that you know that now that you are going to be a father, you will need to earn a living and be responsible as a parent and work hard when you are free.

16.  You are a young man and have a very supportive family; your parents and your sister are now in court.  I am prepared to give you this very last chance. 

17.  The medical officer is of the opinion you are a drug dependent.  It is important that you rid yourself of your dependency.  This can best be served by you receiving a rehabilitation programme.  There is a place available for you at the drug addiction treatment centre and in those circumstances you are sentenced to DATC on both charges.

18.  Defendant, you committed the 1st charge whilst you were under a suspended sentence, the suspended sentence of 8 months imprisonment will therefore be activated.  It follows that that 8 months imprisonment which is to be activated shall be served after completion of the DATC order.