HKSAR v. CHIM KA CHUN

DCCC442/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 442 OF 2011

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Reasons for Sentence

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1.  The defendant has pleaded guilty to one charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

2.  You were jointly charged with the 2nd defendant who has pleaded not guilty.  You have pleaded to unlawfully trafficking a quantity of ketamine, with a purity of 116 grammes.

3.  The facts of the case are very simple.  Police officers on 16 February this year were on patrol inside Fung Shue House.  They were patrolling the building from top to bottom via the staircase.  On the 5th floor they saw you and the 2nd defendant and stopped you.  You were holding a paper bag and it was searched.  It contained drugs and two digital scales.  You admitted under caution immediately that you were delivering the drugs.  You told the police that it was your first time you were delivering ketamine.  At a later video recorded interview, you told the police that an unknown male approached you and asked if you wanted to earn some money.  You agreed to deliver some ketamine in return for $400.  You took a mini-bus to this estate, and as I have said, were arrested before you had delivered the drugs.  

4.  You were at the time of arrest 14 years old and 4 months.  You are not, despite your young age, of a clear record.  You have been put on probation in 2009 for assault and theft; you have no previous drug convictions.  Because of your young age I called for certain reports.  The reports have come back to me and Detention Centre is not suitable because you are physically unsuitable.  You are not a drug-dependent, so Drug Addiction Treatment Centre is not necessary.  You were deemed suitable for both the Rehabilitation Centre and the Training Centre.

5.  I do not intend to repeat the content of the reports before me, they are very detailed and give a full background of your family situation.  You have parents that are very supportive but at some stage in your young teenage years lost control of you.  You got involved with triad peers and did poorly at school.  You managed to behave yourself whilst on probation and hide any bad association from the Probation officer, but not long after you completed your Probation Order you got involved with triad peers leading to this offence. 

6.  I can see that your family are still very supportive, they have been in court on every occasion.  On that occasion I also called for a Youth Offenders Assessment Panel report and the Chairman was of the view that despite the serious nature of this offence, they wanted the court to consider the suitability of a Reformatory School Order, so I further adjourned this case for 3 weeks for a Reformatory School report at this panel’s request and recommendation. 

7.  Today I have sight of these two reports and the author of the report is of the opinion that you are not suitable for Reformatory School.  I think you would be disruptive in Reformatory School; that is why they are not prepared to accept you.  They feel that you would be too disruptive and it may not be a sufficient punishment.  Ultimately they say mere training under a Reformatory School Order would not be effective or suitable at this stage.

8.  The Youth Offenders Assessment Panel, having seen this report, is of the view that the strict mode of disciplinary  training with close after-care supervision is necessary and recommends Rehabilitation Centre.

9.  I have reservations about a Rehabilitation Centre Order because in my view it is not an appropriate order for the quantity of drugs in this case.  The other option would be Training Centre, which would be a longer statutory period of detention and a similar supervision period after release.

10.  However, having considered the contents of the report and your young age, as well as mitigation, what does persuade me to consider a Rehabilitation Centre Order is the fact you have given a statement to the police and you have confirmed again today you are willing to give evidence, if required, against the other defendant.  This shows that perhaps you are realising that you need to turn over a new leaf, make amends and start over all again.   

11.  You have to understand if you continue to disappoint your family, they will sooner or later give up on you, and no one could blame them, and you are still very young.  There is plenty of time for you to go back to education or learn a trade and stay away from bad peers - triad peers.  You will be led astray, you are clearly easily led astray and you will continue to be led astray if you stay in contact with them and you will be back before the courts before long and you will not be treated leniently again.

12.  Do you understand?

DEFENDANT: Yes.

13.  I will impose for this charge a Rehabilitation Centre Order.  It has been explained to you by Mr Fung who is representing you what will happen to you if you do not behave yourself in Rehabilitation Centre.  It is very likely that you will be disciplined and possibly transferred to Training Centre.  

14.  After you have completed the statuary period of detention, you will be under supervision.  If you commit any offence whilst on supervision or I think even if you are arrested whilst on supervision, it is very likely that you will be brought back before the courts, or, as far as I know, you could go back to Rehabilitation Centre.

15.  Do you understand?

DEFENDANT: Yes.