HKSAR v. KWOK PING FAN

 DCCC789/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 789 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance.

2.  You have admitted that you trafficked in 26.42 grammes of a powder containing 21.02 grammes of ketamine on 14 May 2010. On that day, at about 3.15 am, a team of officers were on duty carrying out an anti-narcotics operation outside the Regal Oriental Hotel in Sa Po Road, Kowloon City. They spotted you, the defendant, acting suspiciously, and therefore stopped you for enquiries.

3.  Upon search they found two resealable bags of ketamine found inside your left shoe. They were placed between your sock and the bottom of the shoe. You were arrested for possession of dangerous drugs, and under caution you said that the “K Chai” was for your own consumption and asked for a chance. In the subsequent video-recorded interview you stated that you bought the “K Chai” for $2,500 from a man called “Man” in Mongkok on the night of 13 May, and you then went to the Regal Oriental Hotel to wait for a friend, intending to go to a party nearby. The Government Chemist confirmed that the estimated street value of these dangerous drugs was $2,600.

4.  At the time you pleaded guilty - that was some two weeks ago now - you were 16 years of age. You are now, however, 17 because your birthday was in the intervening period. At the time you committed this offence you were, of course, 16. You are of clear record.

5.  Mr Marray, your counsel, has mitigated fully and thoroughly on your behalf. On the last occasion he asked me to call for a training centre report in view of your very young age and your clear record. I, of course, bear in mind that for trafficking in dangerous drugs the guidelines are for an immediate sentence of imprisonment. However, given your young age I acceded to call for a training centre report, informing you that all options - obviously that of imprisonment - was open to me. In mitigation I also had letters from your family members, your employer and yourself.

6.  The Training Centre report compiled is full and thorough as to your background. Your parents are both gainfully employed. Your mother works in a hospital and your father is a foreman. Despite their care and supervision of you, you drifted into bad company, especially when you left school, and led a wayward life since approximately 2008. In short, the report says that your academic performance at school was not good towards the end. You began frequenting cyber cafés, mingled with some triad peers, started abusing drugs, and was unable to secure any stable employment. You of course, at your young age, have no skills, nor is your education level of any particular quality. It appears, as Mr Marray has rightly said, that as a result of your wayward life you are in need of discipline, and he submits that a training centre will address the issues.

7.  I must consider what is appropriate for you in terms of rehabilitation, as well as punishment. As I had mentioned on the last occasion, the quantity of drugs is something that I must look at when sentencing you. The amount of drugs that you were trafficking in falls within the bracket of 4 to 6 years’ imprisonment. Had you been an adult I would have taken the lower end of that bracket, and after giving you credit for your plea your sentence will be reduced to be approximately 2 years and 8 months. I bear in mind that the law is such that the court must consider for young offenders like yourself, under 21, any other sentence other than a sentence of imprisonment in view of your young age.

8.  In balancing all factors, that is the term of incarceration, and most importantly, in my view, in this case the rehabilitative sentence, I do consider that a long period of disciplinary training, coupled with statutory supervision, is crucial to your reformation.

9.  In the circumstances, defendant, you will be sentenced to detention in a training centre.