HKSAR v. LEUNG CHINGG WAN

 DCCC245/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 245 OF 2010

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Reasons for Sentence

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1.  You have pleaded guilty to 3 charges.

2.  Charge 6 - Trafficking in a dangerous drug: The facts were that you took an unknown quantity of cannabis to a hotel room at the request of D1 and shared it with those in that hotel room. That would constitute trafficking. Because the drugs were smoked and it was an undercover operation, no drugs were seized at the time; hence the particulars of the offence are that you trafficked in unknown quantity. However, even without a quantity I can say that sharing it among a few people in that room would have meant it was not a particularly large amount.

3.  Charge 10 - Inhalation of a dangerous drug: The undercover officer watched you smoke cannabis in this room. It was analysed as cannabis because that undercover officer seized, secretly, one burnt cigarette.

4.  Lastly, you pleaded guilty to Charge 21, possession of dangerous drugs.

5.  Several months later when the operation turned overt, you were arrested in Mongkok. You had dangerous drugs on your person, namely 8.43 grammes of cannabis in a herbal form, some crystalline solid containing 0.85 grammes of “Ice” and 0.83 grammes of a powder containing 0.68 grammes of ketamine.

6.  The background of this operation is triad-related. PW1 successfully infiltrated a triad society, 14K, and you clearly are a part of this group. You are closely related to those who have been charged with triad-related offences. You have not been yourself charged with any triad-related offence, only these three drug offences.

7.  I heard mitigation on the last occasion, plus the Drug Addiction Treatment Centre report is very detailed where your background is concerned. You have previous similar offences of possession of dangerous drugs dating back to 1991, 2007, and lastly, this year in June, you were convicted of possession of dangerous drugs and sentenced to a Drug Addiction Treatment Centre. I have called for a similar report and I have it before me. I will not repeat its contents.

8.  You have a family and two daughters. Your wife has known of your drug habit for quite a while. It seems that you have still provided for your family but clearly you have developed an addiction to drugs. In June, you were sent to a Drug Addiction Treatment Centre and are deemed suitable for Drug Addiction Treatment Centre in this case. The question is, is that a suitable sentence for these offences.

9.  Trafficking in dangerous drugs normally attracts an immediate custodial sentence. However, I do bear in mind that it is cannabis and the quantity is unknown but would not have been a large amount. If it had been trafficking in any other type of drug, I would not be considering DATC.

10.  I take into account your plea, the mitigation put forward, the report contents and recommendation, the drugs involved in these three offences and their quantities. I am of the view that drug treatment is a more appropriate approach for you, as opposed to an immediate custodial sentence. I cannot sentence you on the basis that you clearly have a triad background.

11.  For Charges 6, 10 and 21, I will, for all three charges, impose a Drug Addiction Treatment Centre order to be served concurrently. The order today will be served concurrently to the Fanling Case FLCC1158/2010. Do you understand?

DEFENDANT: I understand.