HKSAR v. LING KIN FAAT

DCCC48/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 48 OF 2009

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Reasons for Sentence

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1.  You pleaded guilty to one offence of possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134.

2.  You admitted the brief facts and I convicted you.

3.  The facts were that at about midnight on 5 December last police officers intercepted you at Chak On Estate, Sham Shui Po.

4.  A body search found nothing but you were later escorted back to your home at Room 3013, Fu Ying House, Fu Cheong Estate.  There two bags of suspected ketamine were found.  Under caution, you claimed they were for your own consumption.  Subsequent analysis revealed them to be 23.49 grammes of powder containing 19.49 grammes of ketamine.

5.  You admitted to one previous similar conviction, and for that conviction you had been sent to Rehabilitation Centre.

6.  In view of the nature of the charge, being possession of ketamine, and your age, I had adjourned the case for a  Probation Officer’s Background Report and a range of reports from the Director of Correctional Services.  You were deemed to be drug-dependent and recommended for treatment in a DATC.  Mr Choi on your behalf invited me to follow that recommendation. 

7.  I note that you are but 18 years of age, you have a relatively light record, and the recommendation, in my opinion, is both positive and constructive.  The fact that you accept and wish for DATC, in my opinion, is suggestive of a will to beat this addiction. 

8.  My only pause was the amount of ketamine involved, this being rather high.  However, the prosecution have clearly accepted this was for your own consumption and not for trafficking, and therefore, taking into account all the factors in this case, I intend to extend the hand of mercy to the extent that I will make a DATC Order.  The conviction will be recorded.

9.  You are but 18 years of age, as I have said.  I hope you use this positively and you break this addiction, because if you do not, it will blight your life.  For your own sake and the sake of your family, you must not take drugs again.  Do you understand?  I wish you good luck in that.