HKSAR v. LAM CHE WING AND ANOTHER

DCCC 425/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 425 OF 2014

____________

____________

REASONS FOR SENTENCE

1.  Yeung Wai Ping you have pleaded guilty to a joint charge of possession of 0.85 gramme of a solid containing 0.28 gramme of cocaine, contrary to section 8 of the Dangerous Drugs Ordinance, Chapter 134 (charge 2).

2.  In summary on the 19 February this year the police searched the residence of D1 on the 6/Floor of No. 112 Queen’s Road East, Wanchai.  You were found inside cubicle 1 together with D1 and two other persons.  D1 was sat at a brown table whilst you were sat at a green table with the other two persons.  On the green table was the cocaine together with three bottles suitable for inhaling cocaine.  Each bottle contained liquid and a straw with the straws pointing at you and the other two persons. 

3.  In passing sentence I have carefully considered everything said on your behalf by Ms Shek together with the content of the DATC report and your daughter’s mitigation letter requesting that you be able to continue taking care of the grandchildren.  

4.  In HKSAR v Mok Cho Tik [2001] 1 HKC 261 the Court of Appeal considered the appropriate term of imprisonment for possession of drugs where a rehabilitative measure is not deemed necessary.  You clearly have a long term drug history.  I am satisfied that a rehabilitative measure is necessary.

5.  You ask to be allowed to undergo voluntary treatment so that you may look after the grandchildren however I note from the DATC report that due to great pressure from looking after the grandchildren you relapsed into taking heroin and cocaine in late 2012.

6.  You have been to the DATC before and say the treatment is not beneficial to you preferring instead to go to prison.  Ms Shek pointing to the fact that in 1988 you were able to stay away from drugs for about a year after your discharge from SARDA submits voluntary treatment may help you again.  However I am told during the period you have been on bail, about six months, you have taken no steps towards receiving voluntary treatment.

7.  I am satisfied a period of treatment in a DATC is in your best interests.  You are convicted and sentenced to detention in a Drug Addiction Treatment Centre. Conviction is recorded.