HKSAR v. Chan Hiu Wa

DCCC25/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 25 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to one charge of "Trafficking in a dangerous drug". The dangerous drug involved is methamphetamine hydrochloride (commonly known as "Ice").

2.This case is a typical "stop and search" indicent. At about 11:30 pm on 27 June 2009, PC 33200 saw the defendant acting furtively in the park outside Hong Sau House, Tsz Hong Estate. He intercepted the defendant and searched him. A transparent resealable plastic bag containing suspected dangerous drug was found in the defendant's trouser pocket. He arrested the defendant. Under caution, the defendant admitted that a male named "Ah Ken" asked him to go to Hong Sau House to deliver "Ice". In return, he would receive $300.

3.The Government Chemist examined the drug seized from the defendant and confirmed that it is 3.23 grammes of a crystalline solid containing 3.21 grammes of methamphetamine hydrochloride.

4.The defendant is now 17 years old. He was born and raised in Hong Kong and has a clear record. He received up to F.3 education. At the time of the offence, he was working as an apprentice cook. The defendant is single and resides with his parents and siblings. His family members are supportive of him. Defence lawyer Mr. LI submitted 3 mitigation letters, the contents of which are noted.

5.In view of the defendant's age, I adjourned the sentence to obtain a Training Centre Report.

6.Whilst the Prosecution confirmed that the defendant has a clear record, I was informed that he was convicted of "Possession of a dangerous drug" in KCCC 5336/2009 (but conviction NOT recorded), and a DATC Order was made on 1 December 2009. He was released from DATC on 4 February 2010 (6 days before he pleaded guilty to the present offence). The Training Centre report revealed that he committed the "Possession" offence on 9 October 2009, while he was on bail for the present case.

7.The tariff for trafficking in "Ice" is laid down in A-G v CHING Kwok-hung [1991] 2 HKLR 125. For up to 12 grammes, the sentence should range from 3 to 7 years imprisonment. On the other hand, the Probation Officer considers that the defendant is suitable for detention in a Training Centre as it would enable him to develop more insight into his problem. Also, a period of disciplinary training coupled with a term of statutory supervision would be beneficial to his rehabilitation.

8.A clear message must be conveyed to the general public that "drug trafficking" is a serious crime and that drug traffickers would most certainly be punished by long-term imprisonment. However, in this case, I cannot overlook the defendant's age and his need for rehabilitation. With some reluctance, I am prepared to accept the Probation Officer's professional assessment. I bear in mind that correctional institutions such as Detention Centres and Training Centres exist for the benefit of young offenders. These institutions play an important role in our penal system. After careful consideration, I have decided to make a Training Centre Order, which will be the sentence for the defendant.