HKSAR v. LAM KING TONG

 DCCC881/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 881 OF 2009

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of possession of a dangerous drug, contrary to Section 8(1)(a) and (2) of the Dangerous Drugs Ordinance.

2.  You admitted that on 4 March 2009, at the Science Museum Path near the junction of Science Museum Road, Tsimshatsui in Kowloon, you had in your possession 18.40 grammes of a powder, containing 15.13 grammes of Ketamine.

3.  At around 1.20 am on 4 March, police officers at a roadblock intercepted a taxi which was carrying yourself and another male as passengers. Feeling suspicious, an officer asked you and the male to alight from the taxi and then conducted a body search on you.

4.  The officer found in the front left pocket of your trousers one resealable plastic bag containing seven resealable plastic bags containing a powder of dangerous drugs, and four empty resealable plastic bags.

5.  Under caution, you claimed that you bought the “K-Chai” for your own consumption.

6.  Mr Kwong has mitigated on your behalf before me and I have taken into account all that he has had to say.

7.  You are 18 years of age and of clear record.

8.  Prior to sentencing you, I called for a probation officer’s report, a drug addiction treatment centre report, detention centre report, training centre report and a rehabilitation report.

9.  The medical officer was of the opinion that you are a drug dependent. You are therefore not suitable for detention at the Detention Centre or Rehabilitation Centre or at the Training Centre.

10.  You are considered suitable for admission to a Drug Addiction Treatment Centre. A detention order of drug addiction treatment has never been made in respect of yourself.

11.  The probation officer’s report dated 22 October was not particularly favourable to you. The opinion was, you were found to have weak self-control and were highly vulnerable to your adverse peer influence. The report said you seemed to gain little insight into your drug abusing problem and did not see the need for any drug withdrawal treatment programme at this stage.

12.  Parental supervision has not been close and therefore, effective to keep you on the right track. Your mother has been very weak in health due to her present anti-cancer treatment and your father has had to work hard to maintain the living of the family and also take care of your mother.

13.  Now, Mr Kwong, on the last occasion persuaded me to call for a further probation officer’s report as he informed me that you now realised that you did need drug treatment for your dependency and Mr Kwong submitted that you are determined to quit the drugs and to find a stable job once you rid yourself of your dependency.

14.  He has urged me to give you a chance to seek drug treatment on a voluntary basis as this is your first time you have ever committed an offence.

15.  I did say to you that I was not impressed with your view on your drug dependency and also I said that given the quantity of drugs, I do consider this to be a very serious offence. Nevertheless, I acceded to Mr Kwong’s request and called for a further probation officer’s report on the basis only of finding you residential drug withdrawal treatment.

16.  The further probation report has been compiled and it recommends an 18-month probation supervision. Mr Kwong says that you agree to the conditions of probation and that you are willing to carry out voluntary drug withdrawal treatment.

17.  I have to say, in view of the quantity of drugs involved and your initial probation officer’s report, this is very much a border line case.

18.  What I do recognise is that, clearly, you are a drug dependent and that there are two options open to me, that is, either for me to sentence you to the Drug Addiction Treatment Centre or to receive a 12-month residential drug withdrawal treatment.

19.  I have considered particularly your young age and of course, your clear record and of course all the contents in the reports before me. I accept that you have now shown determination to be drug-free and to segregate from your dubious peers.

20.  You informed the probation officer that you would treasure this rehabilitative opportunity if you were given it and to reform yourself under professional guidance.

21.  For those reasons, I am prepared to give you a chance and opportunity, and to sentence you in a rehabilitative manner and that is, to sentence you to 18 months’ probation.