HKSAR v. CHU TSZ CHUN

 DCCC50/2011

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 50 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a single charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, the particulars being that you, on 10 November of last year, outside the ground floor of Tai Ling House, Tai Yuen Estate, Tai Po, unlawfully trafficked in 26.68 grammes of a powder containing 17.35 grammes of ketamine.

2.  The summary of facts which you have agreed are that at around 5.45 pm on the date and at the place mentioned in the charge, the police stopped and searched you and found from your right front jeans pocket two resealable plastic bags containing the drugs, the subject matter of the charge.

3.  Under caution, you told the police that you were told to deliver the drugs to an unknown person and, upon successful delivery, you would be given a reward of HK$400.

4.  At the time of this offence, you were 16½ years of age. You have a clear criminal record. However, it is abundantly clear from the Detention Centre and Training Centre probation reports that this is not the first time you have contravened the law. In 2008 you were arrested for theft and were subject to a superintendent’s warning. Again, in 2009, you also committed an offence of theft and received a 12-month care and protection order.

5.  I also note from the report that you have associated yourself with undesirable peers, some of whom have a triad background. You yourself admit that you became a triad follower, although you denied being involved in any triad activities. In the words of the probation officer, you have “led an unruly life and have turned wayward, becoming a member of a triad society and toying with dangerous drugs”. The reporting officer recommends a period of disciplinary training.

6.  Trafficking in ketamine is treated extremely seriously by the courts for good reason. Its abuse amongst young people is prevalent in Hong Kong and the sentencing guidelines were increased in 2008 to reflect the increase in its abuse and the resulting problems associated with its abuse.

7.  I can tell you that for trafficking in this quantity of ketamine, some 17.35 grammes of narcotic, the recommended starting point would be in the region of 4½ years’ imprisonment. However due to your age, I have decided not to impose a prison sentence.

8.  You are mentally and physically fit for detention in a detention centre or training centre, but the intake officer from the Correctional Services Department considers you to be more suitable for detention in a detention centre. For my part, I take a different view. I do not consider a detention centre order to be a sufficient deterrent for trafficking in this quantity of ketamine.

9.  In sentencing you, I take account of all that has been said on your behalf by way of mitigation and the information contained in the reports, and I make a training centre order.