HKSAR v. CHAN KA CHAI

DCCC 934/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 934 OF 2012

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REASONS FOR SENTENCE

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1.  On 15 November this year, defendant, you came before me and pleaded guilty to a single charge of “Possession of a dangerous drug”, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap 134.

2.  The particulars of offence aver that on the 29^th day of July 2012, outside Ground Floor Nos 12 to 14, Hoi Pa Street, Tsuen Wan, New Territories in Hong Kong, you had in your possession a dangerous drug, namely, 26.79 grammes of a powder containing 21.52 grammes of ketamine.

3.  The facts of this case is simple and straightforward and this is one of those stop-and-search cases.  In the evening of 29 July 2012, police officers conducted an anti-dangerous-drugs operation in the vicinity of Fuk Loi Estate in Tsuen Wan, New Territories.  You were acting suspiciously and subsequently were intercepted at about 2348 hours by a policeman outside the ground floor of 12-14 Hoi Pa Street, Tsuen Wan.  As a result, two transparent resealable plastic bags of suspected dangerous drugs which were subsequently confirmed to be ketamine were found inside the right front pocket of your jeans. 

4.  Under caution, you admitted that those two plastic bags which contained ketamine were purchased by you from a person called “Ah Hin” in Sham Shui Po for HK$1,700.  The two plastic bags of suspected dangerous drugs were subsequently examined by the government chemist and confirmed to be ketamine with the present quantity as stated in the charge.  The estimated retail price of the ketamine powder is about HK$3,268.

5.  You have a hitherto clear record and you are only 17 years old.  At the time of arrest, you were studying Form 4.  According to the mitigation entered by your lawyer, you live in Hong Kong together with your father, your grandparents and with an elder sister in Sham Shui Po area.  Your parents had divorced and the mother had left home.  As a result, there were insufficient parental supervision and after you had begun your studies in the secondary school, you were subjected to some bad influence and succumbed to the habit of taking drugs namely, ketamine.  

6.  You told the police that you would consume ketamine up to two to three times a day, spending about HK$100 and HK$200 per consumption.  Needless to say, you had lost your interest in the studies.  You had to repeat Form 2 and you were later forced to quit school and were compelled to be lying idle at home.  However later you worked as a salesperson in an audio-visual shop, earning a monthly salary of about HK$10,000.  Your lawyer told me that because of the income that you had received, you became more addicted to the drugs as you had the money to spend on those items.

7.  In mitigation, I was shown letters written by your grandparents, your paternal aunt and also your father.  I am not going to refer to them in details.  Suffice it to say that they all say that you are still of a young age and you are a boy of good nature but you were influenced by your dubious peers and they lured you into the bad habit of taking drugs.  They also say that you are now very remorseful and urge the court to be as lenient as possible.  

8.  In view of the charge which is only “possession” and your age, I was persuaded to obtain some pre‑sentencing report first.  What I have obtained for you is, firstly, a Drug Addiction Treatment Centre Report, a Detention Centre Report, a Rehabilitation Centre Report and, lastly, there is also the Probation Officer’s Report.

9.  The Correctional Services is of the view that since you are a drug dependent.  You are considered not suitable for detention in a Detention Centre or a Rehabilitation Centre.  However, you are considered suitable for admission to a Drug Addiction Treatment Centre (“DATC”).

10.  On the other hand, the Probation Officer’s Report informs the court that you are willing to receive voluntary drug detoxification treatment programme in one Christian New Being Fellowship Limited.  However, the person in charge of the fellowship, one Mr Fung, then informed the probation officer that they needed more time to process your application and also to interview you to decide whether you are suitable to receive the drug detoxification programme there.  The probation officer therefore recommended that the case be adjourned for two weeks’ time for a Further Probation Officer’s Report.  As a result, I adjourned the sentencing from the 29^th of last month to the 17^th of this month for this particular purpose. 

11.  Today, I have the benefit of reading this report.  I am informed that your application for admission to their drug detoxification programme is successful.  I am also told that a placement could be offered to you immediately after today’s hearing if you were granted a non-custodial sentence.  A staff of the fellowship also comes to court today, and he is prepared to escort you back to their place if a Probation Order was really given.

12.  In the end, the probation officer is of the view that you have full family support and that you have also shown the determination to kick the drug habit and therefore he has recommended to me that you be placed on Probation for 24 months with eight special conditions.  Those conditions I have already fully explained one by one to you just now before I pass this sentence. 

13.  Your father also informed the probation officer that he would participate actively in the fellowship’s gathering after your admission in order to communicate with you better and after your discharge, he also promised to render closer supervision on you so as to guide you to the right track.  

14.  Today, your lawyer also submitted to me a handwritten letter by you. You told the court that you had been remanded in the Pik Uk Institute for a month or so during which time you had deeply reflected your misdeed and you understood fully the effect of the drugs on your life and you felt very remorseful and asked for a chance to rehabilitate.  You also promised to the court that you would not approach those dubious peers again and to stay away from the dangerous drugs.  You said you would be kind to all the family members who had shown you their supports and you would be a responsible man in the future.

15.  In light of the recommendation before me, the realistic choice is really between sending you away to a compulsory drug treatment in the DATC run by the Correctional Services or sending you to the Fellowship for a voluntary drug detoxification programme.

16.  I take into account that this is your first criminal record.  Although you are not extremely young, you are still very young and therefore you should stand a good chance to rehabilitate if you can really treasure your opportunity to voluntarily kick the drug habit.  I also respect the wishes of your family members and also yourself.  I am going to accede to your request and therefore I am minded to pass a Probation Order which is for a period of 24 months with the special conditions as stated fully in the Report.

17.  I have already warned you just now when I explained to you the special conditions that you have to abide each and every of those special conditions and I have also warned you the consequences of breaching any or all of those special conditions or the Probation Order.  You were told specifically that the Order could be extended at most to 36 months and also if the breach is serious enough, the Order would also stand to be revoked in which case, you would be re‑sentenced on the same matter.  You already told the court that you understood my explanations and you were willing to abide by those conditions.  As a result, I made this Probation Order accordingly.