HKSAR v. TSE KIN FAI

DCCC 273/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 273 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of possession of a dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance.

2.  On 3 January 2013 you were in possession of 2.44 grammes of a solid containing 1.98 grammes of ketamine.

3.  On that day, police officers observed you purchasing drugs from another person, they then stopped you and found the drugs upon your person.  That was at the Ground Floor, Gala Place, No. 56, Dundas Street, Mong Kok on 3 January 2013.

4.  Upon arrest and under caution, you said the “K-chai” was purchased for $350 for your own consumption.

5.  Miss Chan has mitigated fully and thoroughly on your behalf before me, both today and on the last occasion.

6.  Prior to sentencing you, I called for a probation officer’s report and a Drug Addiction Treatment Centre report.

7.  You are 28 years of age and you have one previous conviction for possession of dangerous drugs in April of 2010, to which you were sentenced to probation for 12 months, and in April 2011 you were sentenced for a breach of your probation order to a further term of probation of 12 months.

8.  The probation officer in the report before me today says, as your past 24 months’ probation supervision proved to be futile, open supervision is deemed not suitable and not recommended in this case.

9.  The medical officer has carefully observed you and examined you and he is of the opinion that you are not a drug-dependent.  Therefore, you are not suitable for admission to a Drug Addiction Treatment Centre and you have never been sentenced to a Drug Addiction Treatment Centre.

10.  I have to say that I am somewhat puzzled by the medical officer’s opinion that you are not a drug-dependent.  As can be seen from the probation report, you had started taking drugs as long ago as 2008 and during your probation period you had tested positive for ketamine.

11.  You have served two residential drug withdrawal programmes since April 2010 and, in the mitigation put forward by Miss Chan on the last occasion, you again wanted to go to a residential drug withdrawal house of Christian New Life in respect of your drug dependency and Christian New Life had submitted a letter to say that they had accepted you for a residential structured programme. 

12.  However, as I mentioned, it is somewhat surprising to me that you now say to the medical officer of the DATC that you are not drug dependent.

13.  I indicated to you on the last occasion when I called for a probation report that there was little likelihood of me placing you on a third probation order and it has been confirmed to me that the probation officer does not consider you suitable at all.  You are not a drug dependent and, therefore, a DATC order is inappropriate.

14.  You have pleaded guilty to an offence of possession of a dangerous drug.  The drugs in question were ketamine.  There was 1.98 grammes of ketamine, which you say was for your own consumption.

15.  Your previous convictions have all been related to drugs.

16.  I have no option in this case other than to sentence you to an immediate term of imprisonment.

17.  Defendant, I have taken into account all the letters written on your behalf by the old age nursing home of your grandmother, your landlord and yourself.  These are letters showing that you are a good-natured man and grandson.  There is nothing exceptional in these letters that can persuade me to sentence you other than to sentence of immediate imprisonment.

18.  Had I convicted you after trial, defendant, I would have taken a starting point of 12 months’ imprisonment.

19.  However, you have pleaded guilty and the full one-third discount is applicable and you shall therefore be sentenced to 8 months’ imprisonment.