HKSAR v. Yip Chi Wing

DCCC652/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 652 OF 2009

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Reasons for Sentence

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1.The 2nd defendant has pleaded guilty to a charge of possession of dangerous drugs.

2.On 21 April of this year, police were on patrol in the Oi Tai House of Fu Tai Estate in Tuen Mun. They went to a staircase there and they found the 2nd defendant and the 3rd defendant in possession of the dangerous drugs, the subject of the charge. The drugs found were analysed and it was found to be 8.66 grammes of ketamine.

3.The 2nd defendant has a previous convictions for possession of dangerous drugs in 2008 and in connection with that offence he was dealt with by way of a fine.

4.Having been arrested for the current offence, the defendant was given bail and he has been re-arrested whilst on bail for another drugs offence and according to the report I have he is due to appear at the Tuen Mun Magistrates Court on 9 November for that matter.

5.On the previous occasion I adjourned the case so that I could have the advantage of a report from the Commissioner of Correctional Services as regards the suitability of the defendant for admission to the Drug Addiction Treatment Centre. I now have that report.

6.The report is not a favourable report. The defendant was born in Guangdong in China and came to Hong Kong in 1996. His family have found it difficult to keep him under control. He has befriended some people he should not be befriending and has been taking drugs regularly over the last year.

7.I have placed before the court some letters of support for the defendant, including a letter from himself. The letter from the defendant states that he feels ashamed of his offence and promises to stay away from drugs and work hard after he has been released. I have a letter from his sister, his elder sister, stating that the family is very worried about the defendant and that they care for him very much. I also have a letter from a District Counsellor supporting the defendant.

8.Having looked at all the circumstances of the offence and of the defendant, it seems to me that the recommendation of the Commissioner of Correctional Services is the appropriate recommendation and I order that the defendant be admitted to the Drug Addiction Treatment Centre.