HKSAR v. FUNG TSZ HO

DCCC398/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 398 OF 2009

----------------------

----------------------

----------------------------------------

 Reasons for Sentence

---------------------------------------

1.  Defendant, you have pleaded guilty to one offence of trafficking in dangerous drugs contrary to sections 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap. 134 and one offence of possession of a Part I poison contrary to sections 23(1), 33(1) and 34 of the Pharmacy and Poisons Ordinance, Cap. 138.  You admitted the brief facts, and I convicted you.

2.  The brief facts were as follows.  At about 11.08 pm on 4 March last, PC63, who is PW1, intercepted you as you came out from your flat located at the Ground Floor, No. 80A Chung Hing Back Street, Cheung Chau.  In the right front pocket of your jeans, he found a bottle of cough syrup, brand name “Suphenin”.  You admitted you had no prescription for it and that it was for your own consumption.  Your flat was searched, and a further 161 bottles of cough syrup found.  A Government Chemist certificate revealed this to be a total of 19,440 millilitres of liquid containing codeine, a Part I poison.  That is just over 19 litres of liquid.

3.  Upon arrest, you admitted all the bottles were for sale.  A search of the bedroom revealed a moneybox containing 34 packets of suspected ketamine.  A subsequent analysis found this to be 10.4 grammes of powder containing 8.29 grammes of ketamine.  You admitted ownership and that it was for sale.  Later, under caution, you admitted, inter alia, to being an abuser of cough medicine and ketamine and that the cough medicine and the ketamine was to be sold.

4.  You admitted to two previous convictions, one of which was similar to the 2nd charge whilst the other is a more recent conviction relating to road traffic offences.

5.  For sentence, I called for a probation officer’s background report.  That report is before me.  I note that it is an extremely positive report and only speaks well of you.  Mr Hung has entered a mitigation that is both compelling and comprehensive whilst realistically addressing the seriousness of the situation.  Amongst the factors stressed are your close family ties, the extreme serious position of your father’s illness, your cooperation with the police both at the scene and in later interview, your pleas of guilty at the first available opportunity, and how after being released on bail, you made efforts via St Stephen’s Society to mend your ways and to turn your life around.

6.  By way of information, I am told you are a young man of 22 and single.  On your behalf, I was presented with two letters, one from yourself and the other one from St Stephen’s Society.  The latter is very supportive and encouraging.  It confirms what Mr Hung has told me on your behalf.

7.  In sentencing you, I have taken into account the mitigation advanced, the contents of the background report, the letters presented, including your own, but especially that from St Stephen’s Society, and, of course, the facts and nature of the charges.  This has to be faced square on that these are extremely serious offences, especially the 1st charge which involves a substantial quantity of ketamine.  Whilst the 2nd charge is less serious, it also involves a very large amount of Part I poison.

8.  To your credit, there was a very high level of cooperation with the authorities on the day of your arrest, including full and frank admissions of your crimes.  You are relatively young, only 22 years of age.  Your criminal record is light.  And you have taken positive steps since your arrest via St Stephen’s Society.  I note with regret the serious condition of your father who is suffering from brain cancer.

9.  In this case, I do believe and accept that your remorse is profound and genuine.  I do believe that it is your intention to change your life.  Realistically, it is accepted that this is a very serious offence and you must go to prison.  However, I will impose a period as short as possible consistent with my public duty.  Whatever mitigation, trafficking in dangerous drugs under these substances remains a very, very serious matter indeed.  It must be made clear that traffickers will be dealt with condignly.

10.  On the 1st charge, I take as a starting point three years’ imprisonment.  That will be reduced to two years for your plea of guilty.  On the 2nd charge, I take a starting point of nine months’ imprisonment reduced to six months for your plea of guilty.  In order to extend the hand of mercy, having accepted the mitigation, which I have mentioned earlier, those two sentences will run concurrently.

11.  Please stand.  You will, therefore, go to prison for a period of two years.