HKSAR v. Ng Yu Sum

DCCC57/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 57 OF 2009

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.Defendant, you were convicted of possession of dangerous drugs after admitting such when you were facing trial for trafficking. In my verdict delivered on 24 June, I dealt with the facts fully. Suffice it to say that you were found in possession of 9.77 grammes of powder containing 7.96 grammes of ketamine. The drugs were found in your front right-hand pocket of your jeans. The quantity itself raised suspicions.

2.You admitted four previous convictions, all of which were drug-related. I adjourned the case for the preparation of a DATC report given that the charge had been reduced to possession and that your record indicated the need for treatment. The report is now before the court and indicates you are indeed a drug dependent and recommends the making of a DATC order.

3.On your behalf, Mr Lau has indicated that you agree with the contents of the report and you are willing to accept the recommendation. I too agree with that. The only pause I have is in respect of the quantity of narcotics that is approximately 8 grammes of ketamine. However, you have never been to DATC before. Your positive acceptance of the order, in my opinion, bodes well for it to be successful, and the report itself positively recommends the making of an order.

4.I have also taken into account your age. You are not young, but you are not old. I therefore have resolved to err on the side of mercy and give you one last chance. In all the circumstances, I make a DATC order. The conviction is recorded.

Tallentire

Deputy District Judge