HKSAR v. YIP TUNG FAI

 DCCC1381/2009

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1381 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a charge of trafficking in dangerous drugs, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that at your home in Wan Tau Tong Estate, Tai Po, New Territories, you unlawfully trafficked in 12.93 grammes of a powder containing 8.89 grammes of ketamine.

3.  On 2 November 2009 an officer intercepted your brother on the 16th floor of your building where you lived, at 11.20 pm. They then went to your home for a house search. Just after midnight on 3 November on your bed the officer found a cigarette box which contained 11 empty resealable plastic bags, a bag of ketamine and an electronic scale. The bag of ketamine was in the amount as per the charge. You admitted that that bag of ketamine belonged to you.

4.  An officer arrested you and cautioned you. Under caution you said to the officer, “Sir, give me a chance. It’s the first time I sell it.” During a video-recorded interview you admitted that you had bought the ketamine from another person in Tai Po for $2,200 on 31 October. You had bought the drugs intending to sell it to others. You had already sold part of the drugs before you were arrested and you had yet to sell the ketamine found by the police. The 11 resealable plastic bags would be used for containing the ketamine and selling to others.

5.  Ms Lam, your solicitor, has made full mitigation on your behalf. You are 17 years of age and of clear record. However, you had one superintendent’s caution in July 2009 for assault occasioning actual bodily harm. Prior to sentencing you, I have called for a drug addiction treatment centre report and a training centre report. I was informed by Ms Lam that you were a drug addict, for that reason I wanted to find out more about your drug dependency.

6.  I had informed you when I adjourned for these reports on 3 February that all sentencing options were open to me and an offence of trafficking in dangerous drugs is a serious offence which warrants imprisonment. The reports have come back that you are a drug dependant, and therefore you are not suitable for detention in a training centre, but there is a place suitable for you at a drug addiction treatment centre.

7.  It appears that from this report you have unfortunately been addicted to drugs since about January 09. Since September 09 you have been dosed in a daily dosage of ketamine, costing about $200 on each occasion. For that reason and as you are unemployed, you resorted to trafficking in drugs to make easy money, and to support your drug dependency.

8.  The report is not particularly favourable. It appears that since you left school, you have not been gainfully employed. In mid 2009 you have unfortunately associated with some dubious peers who have had some bad influences on you and have introduced you to drugs, use of violence, obtaining money through illegal means, that is trafficking, and also joining gangs or groups of delinquent nature.

9.  I accept that Ms Lam tells me that you have now learned a hard lesson and wish to turn a new leaf. You are sorry for letting your family down and understand that this is a serious offence and are ready for punishment.

10.  As I have stated earlier, trafficking in dangerous drugs is a very serious offence. Young age, or old age, or ill health is not a reason for not sending someone to prison. There are very strict guidelines on trafficking in dangerous drugs. For drugs involving ketamine, the case of Secretary for Justice v Hii Siew Cheng applies, and you fall within the bracket of 1 to 10 grammes of which sentence should be between 2 and 4 years’ imprisonment.

11.  I take into account your young age of 17 years, your clear record, the amount of drugs involved and in those circumstances had I sentenced you after trial, I would have taken a starting point of 3½ years’ imprisonment. However, I give you full credit for your plea of guilty, and in the circumstances you are sentenced to 2 years and 4 months’ imprisonment to which you are so sentenced.