HKSAR v. CHEUNG MAN CHUNG AND ANOTHER

DCCC595/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 595 OF 2011

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Reasons for Sentence

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1.  I propose to deal with the 2nd accused first of all.

2.  D2, you have pleaded guilty to two charges, one of inhaling a dangerous drug, namely traces of a powder containing ketamine, that is Charge 2 on the indictment, contrary to section 8(1)(b) and (2) of the Dangerous Drugs Ordinance, Cap.134, Laws of Hong Kong, and one of possession of a dangerous drug, namely 0.61 grammes of a powder containing 0.45 grammes of ketamine, that is Charge 5 on the indictment.

3.  The circumstances of these two offences which occurred on 15 May 2010 at the Single Bar, Ground Floor, No. 3 San Tsing Street, Tuen Mun, involved an undercover operation in which the police posed as customers and the ketamine was passed to them for sale. 

4.  The amounts of ketamine involved in both charges to which you have pleaded guilty are extremely small.

5.  You are 19 years of age, come from a decent family, and have a clear criminal record.  You have stupidly toyed with ketamine in the past after you ceased your schooling when you fell into bad company.  Now I am told that you have ceased your bad habits and are leading much more of a regulated life pattern and are also remorseful. 

6.  The probation report that I have before me is positive and a period of probation is recommended. 

7.  I am prepared to place you on probation for a period of 12 months in relation to both of these offences.  It will be on conditions, firstly, that you should abstain from taking all kinds of dangerous drugs; secondly, that you should submit urine samples as and when directed by the probation officer; and thirdly, that you should receive drug withdrawal treatment as and when directed by the probation officer.  Are you prepared to be placed on probation on those conditions?

2ND DEFENDANT: Yes.

8.  Right, I make that order on those conditions in relation to both charges.  The Probation Order is obviously to run concurrently in relation to each charge. 

9.  I must warn you about the consequences of breaching the order or breaching any of the conditions, and they are that if you do, you can be brought back before this court and be resentenced for these offences.  Do you understand that?

2ND DEFENDANT: Understand.