HKSAR v. WONG YAT TUNG

DCCC 838/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 838 OF 2013

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REASONS FOR SENTENCE

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1.  Wong Yat Tung you have pleaded guilty to one charge of trafficking in 21.72 grammes of a powder containing 16.64 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.  In summary at about 5:40 p.m. on the 21 June this year the police intercepted you outside Yung Yat House, Yat Tung Estate in Tung Chung.  Inside your underpants the police found a large plastic bag containing the ketamine together with 52 empty re-sealable plastic bags.  An electronic scale was also found in a bag carried by you.  Under caution you said you bought the ketamine for sale to others so you could make a profit. 

3.  In Secretary for Justice v Hii Siew Cheng[2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 10 and 50 grammes sentence after trial falls within the range of 4-6 years imprisonment.

4.  You are only 20 and have never been in trouble before.  Section 109A of the Criminal Procedure Ordinance, Chapter 221 provides no court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of the opinion that no other method of dealing with such person is appropriate.  Whilst this provision does not apply to trafficking in a dangerous drug, which is an excepted offence, a court must exercise great care before committing a young offender to prison. 

5.  I therefore called for a Training Centre suitability report to provide me with further information about you, warning you that even if training centre was recommended this did not mean I was going to impose a training centre order.  The appeal courts have made clear that save in very rare cases a training centre order should not be imposed for trafficking in substantial quantities of dangerous drugs (see for example Secretary for Justice v Ko Fei Tat [2002] 4 HKC 59). 

6.  I have carefully considered everything said by Mr Tang on your behalf.  Although you cannot be said to be of extreme youth I take into account your young age and that you have no previous convictions. 

7.  The report reveals that whilst in Primary 6 you associated with triad peers and under their influence you started taking drugs in 2005 when you were only 12.  Your schooling deteriorated sharply and you eventually left school after completing Form 1.  After starting work you took drugs with co-workers and would also resell drugs to your co-workers to earn easy money to support your drug habit.

8.  As a result of your drug dependency you are not recommended for training centre.  I am also satisfied that this is not one of those very rare cases where training centre would be appropriate.  Notwithstanding your young age I am satisfied there are no exceptional circumstances warranting departure from the guidelines. 

9.  Taking into account your young age and clear record I am satisfied the proper starting point after trial for 16.64 grammes of ketamine is 4 years and 3 months.  Giving you full credit for your plea of guilty you are convicted and sentenced to 2 years and 10 months imprisonment.