HKSAR v. Leung Pik Kei

HCCC 175/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 175 OF 2014

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Defendant, you have pleaded guilty to a charge of possession of a dangerous drug contrary to section (8)(1)(a) and (2) of the Dangerous Drugs Ordinance.

You admitted that on 2 September 2013 outside the Ground Floor at Hing Tai House, Tai Hing Estate, Tuen Mun you had in your possession 6.52 grammes of a crystalline solid containing 6.31 grammes of methamphetamine hydrochloride.

On that day police officers were patrolling Hing Tai House. You were intercepted by police officers and these drugs were found in your possession. They were found hidden inside the inner edge of your trousers. After you were arrested and cautioned for possession of these drugs, you said that it was your co-accused (in this case) who gave you the bag of “Ice”.

As a matter of background, you had pleaded guilty to this charge on 17 April 2014 and were committed to the High Court for sentence. On 16 December 2014 that was your sentence hearing, your counsel, Miss Juliana Chow, who also appears before today, persuaded me to call for a probation officer’s report.

I was informed that you had, in fact, been remanded in custody from the date of your arrest, that is September 2013 until March 2014. That was approximately for a time period of 26 weeks. Miss Chow had informed me that since you were released on bail and to the time of sentence you had a job and you were law-abiding. Further, as you had already spent a considerable time in custody, another probation order would be appropriate. At that time when I adjourned for sentence, I did inform you that all sentencing options were open to me. I then adjourned for a probation report and your bail was extened. I had directed that urine tests be submitted by you.

You were due to appear before this court on 5 January 2015. However, you did not appear. The probation report was most unfavourable. You, in fact, failed to attend one of the probation officer’s meetings. You admitted that you had continued to consume drugs and later, although not on that date as the urine test report was not ready, it was confirmed on 15 January that you tested positive for the drug “Ice”.

I issued a warrant for your arrest, and you remained at large for approximately eight months until you were re‑arrested on 8 august 2015. You were then immediately brought up to court on 10 August. At that time Miss Chow was not present. You were not legally represented.

You requested for legal representation, and in view of your young age and the offence I requested that Legal Aid be sought to see if they would represent you again despite your absconding at the last hearing.

Fortunately, legal representation was granted to you, and Miss Chow who appeared for you on the last occasion continued to represent you today.

On 10 August I remanded you in custody and called for a Drug Addiction Treatment Centre report. That report is now with me and the contents of that report are accepted by you and its recommendation is also agreed by yourself, that is that you be sentenced to the Drug Addiction Treatment Centre.

You are a young lady of 19 years of age. You have had previous brushes with the law. You have been convicted of three previous offences all related to dishonesty of which you were sentenced to probation.

On the last occasion when you appeared before me without legal representation you had asked me to give you a chance and called for a probation report one last time. You explained you did not appear in court, as Miss Chow has said before me today, because your mother had an operation. However, that does not account for much of the time since the operation that you did not further attend court.

I have since received a letter from you. From two weeks ago till today it appears to be me if your letter is genuine, that you have had a great change in attitude. I do hope whatever you have said to me in your letter is truly genuine, because you are a young lady and if you continue in the manner that you have been previously, that is to take these drugs and commit crime, your life will spiral into very more serious offences and you will ruin your life.

Drugs you may find give you a very short period of euphoria or happiness, but it will give you a permanent or a long time of misery. You have rightly said you have disappointed your parents, particularly your mother. I sincerely hope that you will take this opportunity to turn anew. You have been given many opportunities previously by the courts.

The Drug Addiction Treatment Centre is of the opinion you are a drug dependent, you are suitable for admission and, therefore, I sentence you to the Drug Addiction Treatment Centre.

Your bail of $3,000 will be estreated.