HKSAR v. Wong Kwok Hing

DCCC652/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 652 OF 2009

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

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

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

Reasons for Sentence

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

1.The 3rd defendant has pleaded guilty to a charge of possession of dangerous drugs.

2.The particulars of the offence are that on 21 April 2009 at the staircase of a building at Fu Tai Estate in Tuen Mun, he had in his possession 8.66 grammes of ketamine. It was joint offence committed with another 18 year old youth called Yip Chi-wing and he has been dealt with separately in order to go to a Drug Addiction Treatment Centre.

3.The facts of the offence as admitted by the defendant are that on 21 April 2009 in the evening, officers were on patrol Fu Tai Estate in Tuen Mun. The officers witnessed a drugs transaction whereby one defendant sold drugs to this defendant and Mr Yip Chi-wing. The police party heard sound emitting from a staircase near a room on the 15th floor and through a glass pane they saw the three defendants together and the 3rd defendant was in the process of consuming the drugs.

4.The defendant has a clear record and on the previous occasion I adjourned the case so that I could have the advantage of a Probation officer’s report. It is generally a favourable report. According to the Probation officer, the accused has learnt a lesson from this offence and gained insight into his drug-taking behaviour in the past. Immediately after his last court appearance, apparently the defendant resumed his previous work in a hair salon and his employer is satisfied with his performance. The Probation officer feels that the defendant would benefit from a period of probation and I am willing to make an order of probation.

5.I understand from Mr Lee who represents the defendant that the defendant is prepared to be placed on probation subject to the conditions referred to in the report.

COURT: Defendant, do you confirm that you are in fact wiling to be placed on probation subject to the conditions set out in the report?

DEFENDANT: Yes.

COURT: You must understand that not only must you comply with the instruction of the Probation officer. If you are not co-operative with the probation and if you breach any of the conditions, you will be brought back to court and dealt with again for this offence. Do you understand that?

DEFENDANT: Understand.

6.Right, I am going to place you on probation for a period of 18 months and it will be subject to two additional requirements. The first requirement is that you refrain from taking illicit drugs and the second condition is that you submit urine specimens for laboratory tests as required by the Probation officer. Do you understand?

DEFENDANT: Yes.