HKSAR v. HEUNG NGOK LEUNG

HCMA687/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.687 OF 2002

(ON APPEAL FROM NKCC 2379 OF 2002)

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J U D G M E N T

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1. This appellant was sentenced to a term in a training centre by Mr Thomas sitting at the North Kowloon Magistrates' Court.

2. The appellant is aged 19 and in the early hours of the morning on 27 February 2002, he was found at a discotheque in Mongkok. Because he was acting suspiciously, the police searched him and in his possession found two small quantities of the drug ketamine. Following his pleas of guilty and having regard to his age, the learned magistrate called for a full range of reports including a report from a drug addiction treatment centre, to see whether he was addicted to dangerous drugs and to enquire whether he might be suitable for treatment at a drug addiction treatment centre. That report indicated that he was not addicted to drugs and therefore that form of sentence was not appropriate.

3. The magistrate also had before him a very full probation report and also a report from the Commissioner of Correctional Services. That report considered that he would be suitable to be sent to a training centre if the court thought that this was the appropriate course to take. As I say, there was also a very full report from a probation officer. That report indicated that this young man had rather gone off the rails in the recent past. Unfortunately his mother, who is a Thai, had left the matrimonial home when he was still relatively young and so he did not have assistance of having a mother at home. His father is now aged 60 and it was he who had to look after him. He is not someone who enjoys the best of health.

4. It is quite clear that the appellant has fallen in with the wrong crowd. The probation officer's report indicates that he was now friendly with members of triad societies of his own age group and perhaps his indisciplined way of life is well demonstrated by the fact that at three in the morning, he was found at a discotheque in possession of these substances. And so the learned magistrate was faced with either taking the strong course that he did which was to send the appellant to a training centre so that he might get a proper sense of discipline and responsibility, and perhaps a little education and training in job skills; or dealing with him in a way that allowed him to retain his liberty. It is not surprising that the magistrate decided to send him to a training centre. Although this is a small amount of ketamine, when one is faced with a young offender the court so often looks at the overall picture and it seems to me that this appellant is very much at the cross roads, if a firm course is not taken at this stage I can well see him going completely off the rails and turning to more serious crime.

5. I have had regard to everything that the appellant had said in support of this appeal. Naturally one has great sympathy for the appellant's father but his position is such that he is able to live at home and if he requires medical treatment, that of course is readily available to him. I have come to the conclusion that this was absolutely the right course to take. There is no merit in this appeal and it must stand dismissed.