HKSAR v. Chan Hoi Chun

DCCC 347/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 347 OF 2015

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to trafficking in a dangerous drug.

2.At around 0030 h on 3 March 2015, the police were conducting anti-narcotics operations in Fu Tai Estate, Tuen Mun when they intercepted the Defendant outside a taxi stand.  They found the following items on him:

(1) 8 re-sealable plastic bags with contents (later confirmed to be 16.9 grammes of a solid containing 13.1 grammes of ketamine);

(2) 3 empty re-sealable plastic bags;

(3) Cash of $130;

(4) One mobile phone.

3.After being arrested for trafficking in a dangerous drug and cautioned, he said he wanted to earn his living by selling the drug.  In the subsequent video-recorded interview, he repeated that he intended to sell the drug.  He had bought the drug at around $2,400 the day before in Tsim Sha Tsui.   

4.The police estimated the street value of the drug to be around $2,688.

Mitigation

5.The Defendant will soon turn 19.  He has a clear record.  He was educated up to F. 5 level.  An underachiever at school, he did not have major behavioral problems over the years.  He was a casual kitchen worker before arrest.  He mixed with adverse peers in cyber cafes and began to consume ketamine on a regular basis. As his girlfriend became pregnant last October, delivery expected in next month, he was under increasing financial pressure to provide for his new family.  After the arrest, he has realized the need to learn a vocation.  He has a mind to achieve this purpose in the Training Centre.  I call for a Training Centre report, which now states that he is suitable for its programme.     

Sentencing guidelines

6.The Court of Appeal has laid down sentencing guidelines in HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1.  For a trafficker of 10 – 50 grammes of ketamine, the sentence shall be 4 – 6 years. 

7.Apart from a jail term, institutional trainings are options also open to an offender under the age of 21 years. 

Sentencing this Defendant

8.If a jail term had to be considered, I would take 4 years as the starting point. One-third off for the guilty plea, the sentence would be 32 months.  However, I am against a jail term.  It is anticipated that the Training Centre will forge in him a more positive personality and rehabilitate him to society.  That must be in the best interest both of him and the society.  I make the order accordingly.