HKSAR v. YEUNG KAM KWAN

DCCC 911/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 911 OF 2013

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Reasons for Sentence

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1. Defendant, you pleaded guilty to a single offence of possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance Cap 134. You admitted to agreed facts and I convicted you. What happened is as follows.

2. On 27 July of this year at about 4.15 am, PC7014, who was PW1, was near the taxi stand at Tin King Estate, Tin King Road, Tuen Mun. You walked towards him, looking around in a nervous manner. PW1 revealed his police identity and you fled. He caught you and subdued you at the staircase on the 3rd floor of block B, Tin Lok House. He searched you and found a plastic bag containing 13.35 grammes of a crystalline solid containing 13.07 grammes of methamphetamine hydrochloride in your right front pocket of your short.

3. Arrested and cautioned, you claimed the ice was for your own consumption. And the subsequent video recorded interview under caution amongst other things you said the following.

4. “Ice” is methamphetamine hydrochloride. You bought the DD for $2,000 from a female in Yau Ma Tei the day before. You have consumed ice for about five years. You took it approximately two to three times a week, 2 to 3 grammes on each occasion. You were at that stage employed as transportation worker earning $10,000 a month. You admitted to three previous convictions and one breach of court order. All three previous convictions involved dangerous drugs.

5. This being a charge of possession, I remanded you in custody for a DATC report which is now before me. I have read that understood it. Whilst setting out the details regarding your life, it deems that you are no longer a drug dependent.

6. Mr Cheng on your behalf entered mitigation. He told me that you accepted the contents of the DATC report and he would not repeat those contents. He emphasised that you are no longer considered a drug addict. He also submitted that the report showed that you have been extremely cooperative, that you have now decided to keep away from dangerous drugs and to stop associating with undesirable peer group. He submitted that your failed attempt to flea from the police had convinced you of the adverse effects that dangerous drugs had upon your health.

7. He indicated that your father is present in court today to support you. Your father is very concerned about you. He told me that the large quantity of drugs came about because the price was low and also it reduced the risk of being arrested. On your behalf he asked for leniency, and asked if some other disposal could be adopted other than imprisonment.

8. I turn now to sentence. You are a young man of only 21, yet this is your fourth conviction involving dangerous drugs, that you have resolved to keep away from dangerous drugs and not to keep the company of your drug-addicted friends is to be applauded. However, I do note there was a very large amount of ice involved here, though I do accept that it was your intention to use it for your own purposes. I do note also that after the initial flight from the officer you were cooperative with the police. You were also fully cooperative in the preparation of the DATC report. I note also of your plea of guilty at the first available opportunity.

9. However, I have to say that the only viable option in this case is prison, although in recognition of your resolve I do intend to keep that as low as I possibly can, consistent with my public duty. Taking into account, of course the light amount of narcotics in your possession. I therefore take as a starting point of 18 months imprisonment to reduce to 12. You will go to prison for 12 months.