HKSAR v. YU KAI ON

DCCC675/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 675 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one charge of possession of dangerous drugs. The offence was committed on 8 May 2011 at premises in Tuen Mun and the quantity of drugs was an unspecified quantity of cocaine.

2.  The circumstances in which the defendant was arrested was that at 7.45 on the morning of 9 March police officers raided a house in Castle Peak Road, Tuen Mun.  There were two people inside the premises, one of whom was this defendant.  He tried to flee but he was stopped by the police.  The defendant was arrested by the one of the officers and over $10,000 in cash was found on his person. 

3.  The premises were in fact used as a divan.  The defendant admitted under caution to the arresting officer that he had come to the premises the day before, he had purchased two packets of cocaine and he had consumed the drugs inside the premises. 

4.  At the time of his arrest the defendant was 29 years of age and has a clear record.  On a previous occasion, the defendant appeared before the court and I adjourned the case in order that I could have the advantage of a report following specimens of urine to be provided by the defendant. 

5.  The specimens provided have been analysed with negative findings on cocaine.

6.  The defendant I am told is now working in information technology.  I propose to deal with this case by way of a fine.  I must warn you however, that were you to be foolish enough to be caught with drugs again, almost certainly either a sentence of imprisonment or Drug Addiction Treatment Centre would be imposed upon you.

7.  You get one chance and this is it.  I propose to fine you your bail money of $5,000.