HKSAR v. Lo Kam Chuen

HCCC 438/2017

[2018] HKCFI 804

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 438 OF 2017

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

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COURT:

I think, Mr Lo, you are not the only one to suffer in this situation because what you did was so foolish that it meant that you couldn’t see your son in this last year, didn’t it? So he was punished, too, wasn’t he? It’s especially difficult for him because he suffers from autism. I’m very sorry for your loss, Mr Lo, and how your wife died; I think that is very sad, and I understand how it could be that you relapsed into taking drugs to help you through that time, and I understand that you will have been in pain, but what you did was very selfish, turning to drugs, wasn’t it, because you punished your child as well.

I hope that the time that you’ve spent in Lai Chi Kok has made you think about how precious your son is to you and you are to him, and I hope that you won’t be so foolish as to put yourself in this position ever again because your son needs you, doesn’t he? And look what happened? Even with what you would think was a small amount of drugs, you’re inside prison for a year before you can get to trial. I mean, it’s a great shame that it had to take so long and that it couldn’t have been dealt with much earlier, given that you indicated you were prepared to plead guilty to possession.

I think whatever happened with you that day, I think your circumstances are exceptional, and therefore I think that even though there may have been a slight risk that you would have shared some of those drugs, in my view, if I had heard this plea on its own, I would have, and I am now going to, sentence you to 12 months’ imprisonment. Now, that’s at the very low end of the range available under HKSAR v Mok Cho Tik CACC 165/2000, but I think it’s the right sentence in my discretion for you in the circumstances, and I know in any event that you will be able to be released as soon as possible.

That is a light sentence in all the circumstances. Please do not think that this is somehow the green light for you to go and commit any other offending. It’s just an indication that the court understands how you got yourself into this mess. You spent a very long time keeping out of trouble. Carry on now and keep out of trouble because you won’t be given credit again. Put this behind you now, Mr Lo, and you be there for your son now, Mr Lo, you can sit down.