HKSAR v. Cheung Ho Yi

DCCC 721/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 721 OF 2016

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Reasons for Sentence

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Charge and facts

1.The Defendant pleads guilty to trafficking in ketamine.  In the evening on 23 May 2016 the police saw the Defendant acting suspiciously on Portland Street near the MTR station exit.  They intercepted him for a body search nearby.  They found in the underwear he was wearing a piece of tissue wrapped up with 2 bags of ketamine, ie a total of 28.3 grammes of a powder containing 13.61 grammes of ketamine.  He also possessed a mobile phone.

2.He told the police, inter alia, that the ketamine was for his own consumption, that it was purchased at $2,600, and that he wanted to go back to school and to find a job afterwards. 

3.The estimated street value was $3,820. 

Personal background and mitigation

4.He is 17 years of age, a F. 4 student.  He lives with his parents and an elder half-sister.  He has a clear record. According to the Training Centre report obtained of him, he began to consume ketamine and cocaine in early December 2014.  His dosage was once or twice per week.  He lost interest in his studies and mixed up with like-minded peers and triad elements.  He began to sell drugs to support his own consumption and fun-seeking activities.  He was frank and forthcoming in his account to the CSD intake officer on how he had spent his past few years and been initiated into drug trafficking.   

5.His father has great concern over him but has no idea of what his son has been doing. 

6.The CSD intake officer is of the view that in view of his weak self-control ability and law-abiding concept, a period of disciplinary training coupled with statutory supervision will be beneficial to his reformation.  

Sentencing guidelines

7.In HKSAR v Hii Siew Cheng [2007] 1 HKLRD 1 the Court of Appeal states that ketamine traffickers shall be sentenced to 4 – 6 years for 10 grammes – 50 grammes of ketamine.

8.I am also aware of the case of HKSAR v Chow Chun-sang [2012] 2 HKLRD 1116 to the effect that a 10% - 25% discount from the starting point can be given where part of the quantity was for the trafficker’s own consumption. 

Sentencing this Defendant

9.This is a young man led astray by fun-seeking activities in lieu of satisfaction at school.  His weak-will is both his bane and his blessing, depending on who is guiding him.  I find the prison unsuitable while I am still optimistic at the present juncture that the Training Centre will give him the guidance he is desperately in want of.  The reformation will remake him in full measure to the benefit of the community.  I make an order for the Training Centre.