HKSAR v. FUNG WAI SHING

DCCC 882/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 882 OF 2012

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Reasons for Sentence

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1.  D3 pleaded guilty to what is Charge 6 on the charge sheet, claiming to be a member of a triad society. The facts admitted state that at 12.10 am on 1 October 2010, the main prosecution witness in this case, an undercover police officer engaged in an operation codenamed “Nightstinger.” He, together with other persons, left the Luen Bon Automatic Machine Game Centre in Wan Tsui Road, Chai Wan, and went to the playground of the Hing Wah Estate in Chai Wan.

2.  When they arrived at this playground, there were six other persons there, including D3.  The undercover police officer was introduced to those persons and they all chatted with each other.  During the course of that conversation, D3 told the undercover officer that he was “Wan Tsui Estate number.”  This means that he was the “Wan Tsui Estate” faction of the 14K, an active triad society in Hong Kong.   

3.  The undercover police operation turned overt on 28 December, and the 3rd defendant was arrested and identified at an identification parade held two days later.

4.  The defendant is 21 years of age and has a clear record.  Because of the gravity of the offence, I adjourned the case on a previous occasion in order that the question of the defendant being admitted to a detention centre could be considered.

5.  However, when I received the report back from the Commissioner of Correctional Services, it indicated that the defendant was, in the opinion of the medical officer, drug‑dependent and therefore not suitable for admission to the detention centre.

6.  The background report which I had asked for on the defendant indicated that the defendant had been brought up in a family and lacked adequate and effective parental supervision.  The defendant had a poor academic performance and problems really started to get serious when he went to the secondary school.  The defendant started to associate with undesirable peers in his neighbourhood, some of whom were triad members.  He used to hang around parks and video game centres and bars with these people, and when he was 17 or 18, he joined the triad society.

7.  I adjourned the case on the last occasion so that I could have a drug addiction treatment centre report.  That report confirmed the original report that the defendant is in fact drug-dependent and suitable for admission to the drug addiction treatment centre, and that report was predicated on a positive urine test which had been supplied by the defendant.

8.  As I indicated previously when I was dealing with the other defendants, triad offences are treated extremely seriously by the courts.  Triad societies are criminal organisations and they prey on the weak and vulnerable members of society and cause enormous social disruption in Hong Kong.  

9.  Having considered all the circumstances in this case, it seems to me that certainly the most appropriate way of disposing of this matter is for the defendant to be detained in a drug addiction treatment centre.  This is an opportunity for him to get rid of this habit and, hopefully, when he comes out of the centre, he will be drug-free and hopefully will stay away from these undesirable peers.

10.  You are a very fortunate young man.  Unlike many of the people who appear before this court, you have the support of your family who are in court today.  Your behaviour and your association with these triad members has no doubt caused your family great anxiety, and I hope you recognise your responsibilities to them and behave appropriately once you are released.