HKSAR v. Ho Ka Yee

 DCCC1074/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1074 OF 2008

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Reasons for Sentence

1.You pleaded guilty to a charge of trafficking dangerous drugs, namely 26.6 grammes of a powder containing 21.77 grammes of ketamine. 

2.The prosecution case was that PW1 and 2 mounted an anti-drugs operation and they laid an ambush in the park outside Kam Yung House, Kam Fung Court, Ma On Shan.  At about 7.50 pm that day, they spotted the defendant and a man acting furtively.  They intercepted defendant and the man in question. During a body search on the defendant the drugs were found on her.  After the arrest and under caution, the defendant said these drugs belong to a man called Ka Lok and he asked her to pass on to a friend. The Defendant said the similar things in a record of interview. 

3.The prosecution told me you have a clear record.

4.In mitigation I was told that you are 18 years of age.  You gave birth to your baby in last November and she is now under the care of your parents.  Your two letters to me also say that you wish to continue to look after her because you are now remorseful. 

5.On the last occasion I called the background report which is now before me which tells me more about you.  You dropped out from school in Form 2 because you enjoyed pleasure- seeking with your friends and your parents could not control you.  You were a subject of Care and Protection Orders on two occasions, first in 2002 and second in 2006. But these two Care and Protection Orders cannot turn you around.  You started cohabitation with a man last year and gave birth to your baby last November.  During the past few years, you also tried different types of drugs such as ketamine, Ice, cannabis and “Feng Tau” pills.  In the background report the Probation officer told me you tried these drugs for the last few years. No doubt your friends have bad influence on you and you cannot see it.  The Probation officer also said that your parents are incompetent in rendering proper guidance and control on you in the past.  You have developed a very loose lifestyle.  You impressed the Probation officer with little motivation to turn a new life.  The Probation officer further comments that you are playful, simpleminded and immature.  You are highly likely susceptible to the deviant subculture from your baneful peers.

6.You said the father of your baby asked you to take these drugs to someone and you did not have the courage to refuse him knowing full well this is wrong.  I must say at this stage, this can never be a ground for reducing sentence.

7.In Hii Siew Cheng’s case, CAAR 7/2006, the quantity of the drugs involved in the present case fall in the sentencing bracket of 4 to 6 years.  A sentence of deterrence and punishment is necessary in this case in order to send a message to the public that the courts always hold a firm view in these kind of cases.  I have taken into account all the mitigating factors put forward by your counsel, the quantity of drugs involved and having regard to the authority of Hii Siew Cheng I adopt a starting point of 4½ years reduced to 3 years to reflect your guilty plea.