HKSAR v. LEE TSZ CHING

DCCC 1244/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1244 OF 2011

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REASONS FOR SENTENCE

The defendant pleaded guilty to a charge of "Possession of a dangerous drug". The dangerous drug involved is ketamine.

2.  About 11:20 pm on 9 September 2011, SPC 58864 stopped the defendant in the corridor on 3/F, Wing Cheung House, Fuk Loi Estate, Tsuen Wan for investigation.  At that time, she had just opened the door to Room 319.

3.  Upon search, a transparent resealable plastic bag ("E1"; later found to contain 0.95 gramme of a powder containing 0.21 gramme of ketamine) was found in the defendant's hand.

4.  The Police also searched Room 319, Wing Cheung House.  Underneath a bed placed in the sitting room, the Police found :-

(i) a plastic bag containing 3 transparent resealable plastic bags (collectively "E2"; later found to contain a total 30.57 grammes of a powder containing 8.74 grammes of ketamine);

(ii) an electronic scale; and

(iii) a total of 224 unused small transparent plastic bags.

5.  Under caution, the defendant admitted that E1 and E2 were ketamine.  She purchased them for her own consumption from a male in Mongkok at $2,600 the day before.  The electronic scale was for weighing the ketamine and the unused plastic bags were for packing the ketamine for her consumption outside home.

6.  The defendant is now 19 years old and has a clear record.  In view of her background, I called for a Probation Officer's Report and ordered her to undergo urine tests.

7.  Defence lawyer Ms. CHOW informed me that the defendant has studied up to F.3 and has worked as a waitress after leaving school.  Ms. CHOW submitted that the defendant is a hardworking and responsible person; the restaurant owner who has been employing the defendant since September 2008 speaks highly of her.  Ms. CHOW explained that the defendant resorted to using drugs because she was stressed out and troubled by her family problems.  The defendant's parents had a divorce when she was young; however, her parents continued to have arguments on financial and other household matters from time to time.

8.  Comments made by the Probation Officer are relatively positive and probation order is recommended.  The total quantity of ketamine involved in this case is 8.95 grammes.  The electronic scale and the 224 small transparent plastic bags found in the defendant's home do cause me some concern; however, the defendant is facing a "simple possession" charge.  Owing to the defendant's age, clear record and favourable comments from her employer, I have decided to give her a chance by making a 12-month Probation Order (with the special conditions specified in the Probation Offier's Report).