HKSAR v. Pang Hiu Ying

DCCC 483/2017

[2018]HKDC11

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 483 OF 2017

____________

____________

REASONS FOR SENTENCE

The defendant faces a charge of "Trafficking in dangerous drugs" (Charge 1) and a charge of "Possession of an apparatus fit and intended for the inhalation of a dangerous drug" (Charge 2).

2.She pleaded guilty to Charge 2.  She was found not guilty of Charge 1 after trial.

3.The facts of Charge 2 are straightforward.  About midnight on 3 November 2016, a team of police officers executed a search warrant at Xi Hu Hotel situated at 3^rd Floor, No.6 Nanking Street, Yau Ma Tei ("the Hotel").  They entered into Room 21 of the Hotel ("the Room").  Upon entry, the defendant was the only person in the Room.  On a coffee table in the Room, the Police found, inter alia, 1 transparent bottle with a pink and black drinking straw.  The bottle was found to contain about 25 millilitres of a liquid containing traces of cocaine.

Mitigation & Sentence

4.The defendant is 22, single and resides with her parents and elder brother in a public housing unit.  She has a clear record.  Defence counsel Mr. Davies informed me that at the time of the offence, the defendant was an attendant in a nightclub.  At the invitation of Mr. Davies and in view of the nature of the offence, I have decided to call for a Probation Officer's Report.

5.The report is a lengthy one, revealing in details the defendant's background, upbringing and troubles in life.  With some reluctance, the Probation Officer recommended a 12-month Probation Order with stringent conditions attached.  Urine test results of samples taken on 12, 14, 18, 20 and 22 December 2017 all show that the defendant is now drug-free.

6.The facts associated with the present case are serious.  The evidence presented in the trial revealed that the Room was being operated as a divan with over a hundred entries and exits by numerous people of unknown identities within 13 hours.  On the other hand, I should sentence the defendant on the basis of Charge 2 only.  It remains a genuine possibility that she was merely one of the users of the Room who went in there to consume or purchase drugs or both.

7.Owing to the defendant's age and clear record, I have decided to give her a chance by making a 12-month Probation Order (with the special conditions specified in the Probation Offier's Report).

[Requirements of Probation Order explained. The defendant understood and is willing to comply.]

I sentence the defendant to Probation for 12 months.