HKSAR v. CHAN KWAN PO

DCCC995/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 995 OF 2009

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Reasons for Sentence

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1.  Defendant, you pleaded to guilty to two offences of trafficking in dangerous drugs, each contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134.  You admitted the brief facts and I convicted you.  The facts were as follows.

2.  At around 2203 hours on 14 July last, police officers intercepted you at the staircase of the 1st Floor of No. 5 Maidstone Lane, Hung Hom.  A body search revealed two plastic bags, that is E1 and E2, of suspected drugs found in the front left trousers pocket.  Under caution, you said the drugs were given to you by a male, Ah Shing, you were going to give them to some young people and were not for your own consumption.  Under arrest and caution you admitted you were wrong and dared not traffic in dangerous drugs again.

3.  At around 2208 hours, police searched your flat at Room B, 3rd Floor, No. 5 Maidstone Lane in your presence.  Inside a plastic box located near the TV the following items were found: a plastic box containing suspected DD, that is Exhibit E3; a plastic box containing seeds, E4; a plastic box containing suspected herbal cannabis, E5; a foil pack containing 10 tablets of suspected DD, E6; 22 empty resealable plastic bags, and two electronic scales.  Under arrest and caution, you admitted you were wrong.

4.  You gave two records of interview and admitted, amongst other things, that Ah Shing gave you Exhibits 1 to 6 with the 22 plastic bags and two electronic scales; you would send the DD to other people on Ah Shing’s instructions;  2), you would receive $100 from Ah Shing for each delivery; 3) at the time of your interception you were taking Exhibits 1 and Exhibits 2 to people in Tsim Sha Tsui on behalf of Ah Shing; 4) you lived alone in the flat.

5.  Government analysis later showed Exhibit 1 to be 4.16 grammes of a solid containing 3.18 grammes of cocaine and E2, 1.30 grammes of a solid containing 1.04 grammes of cocaine, that was charge 1.

6.  Exhibit 3 was 1.07 grammes of solid containing 0.92 grammes of cocaine; Exhibit 4, 2.61 grammes of seeds containing tetrahydrocannabinol; D5, 0.67 grammes of herbal cannabis, and E6 contained 0.07 grammes of nimetazepam.  The latter drugs were charge 2.

7.  You are a person of hitherto clear record.  You, being only 16 years of age, I adjourned the case for a Probation officer’s background report, a report as to suitability for DATC, Detention Centre and Training Centre.  You have of course been remanded in custody.

8.  Those reports are now before me.  The DATC report tells me that you are not considered to be a drug-dependant and therefore DATC is neither recommended nor an option.

9.  However, you are considered suitable and recommended for a period of training in a Training Centre. 

10.  On your behalf, Mr Man entered mitigation.  He asked me to consider making a Probation Order, but if not a Training Centre order rather than prison.  He told me that your offence arose out of financial hardship caused by your father’s deafness and your mother’s diagnosis with cancer.  This left your elder brother as the sole breadwinner providing about $3,000 a month for the whole family to live on.  He stressed that you were remorseful and co-operative with the police at the time of your arrest.  Also, he stressed your plea of guilty.  He read out letters of support, or at least the gist of those letters.  I took those into account.

11.  Trafficking in dangerous drugs, especially substantial quantities of hard drugs such as cocaine is a very serious matter.  Even if, as in your case, you are a very young person, I have to tell you here and now that probation, in my opinion, is simply not an option, this offence is far too serious.  An adult of mature years could expect an immediate substantial period of imprisonment.  Having said that, I do take into account your extreme youth, being only 16, your clear record, your plea of guilty at the first available opportunity and the fact that you were very co-operative with the police at the time of your arrest.  I also take into account the facts of this case.  Clearly, you were a small cog in the wheel of dealing, you were the courier.

12.  In all the circumstances, I take what I regard as an exceptional course and I intend to make a Training Centre Order.  That in my opinion is a realistic option.  Whilst punishing you, it will allow you to continue with your education.  Therefore I do in this case make an order for Training Centre.

13.  Finally, I thank the prosecutor and Mr Man for their assistance.