HKSAR v. Kwok Man Kit and Another

DCCC92/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 92 OF 2010

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Reasons for Sentence

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1.D2 and D3 each pleaded guilty to 1 charge of "Possession of a dangerous drug" (Charges 5 and 6 respectively). The dangerous drug involved in both charges is ketamine.

Summary of Facts

2.At about 10:15 pm on 11 November 2009, police officers were observing Male A, who was acting furtively near the junction of Nathan Road and Nelson Street in Mongkok. They saw D2 and another male approach Male A. Male A handed something to D2 quickly, then the parties separated.

3.D2 and the other male were intercepted. D2 was searched. A plastic bag containing suspected dangerous drugs was found on D2. Under caution, D2 admitted that he bought ketamine from Male A for self-consumption. This is Charge 5.

4.A separate group of police officers continued to observe Male A. He entered a washroom in Langham Place together with D3 and another male. Police officers followed them into the washroom. They saw Male A and D3 enter the same cubicle. When they came out, they were intercepted by police officers.

5.D3 was searched. Two plastic bags containing suspected dangerous drugs were found inside his right front trouser pocket. Under caution, D3 admitted that he bought the drug at $1,900 for self-consumption. This is Charge 6.

6.The Government Chemist examined the drugs seized from D2 and D3 and confirmed that they are respectively 13.04 grammes of a powder containing 10.26 grammes of ketamine; and 26.80 grammes of a powder containing 18.84 grammes of ketamine.

Mitigation & Sentence

7.D2 is now 20 years old and has a clear record. He completed F.4 in July 2005 and the Yijin Project in the following year. He started working in an express delivery company in September 2007. His employer confirmed in writing that the company would continue to employ D2. The contents of all his mitigation documents are noted.

8.D3 is 19 years old and has a clear record. He completed F.5 in July 2007 and 2 hospitality-related diploma courses respectively in 2008 and 2009. Thereafter, he held a few waiter jobs. In January 2010, he started working as an office clerk in a Taoist temple located in Mongkok. His employer confirmed that the temple would continue to employ D3. The contents of all his mitigation documents are noted.

9.In view of their age and background, I adjourned the sentence of D2 and D3 to obtain their suitability reports from Detention Centre, Training Centre and Drug Addiction Treatment Centre. D2 is found suitable for Training Centre whereas D3, Detention Centre.

10.Mr. CHONG and Mr. LO have tried their best to persuade me not to impose any type of custodial sentence on D2 or D3. They are both fresh offenders and their reports contain many favourable remarks. Their current employers are also ready and willing to take them back.

11.Any offence related to dangerous drugs is serious. The Government has in the recent years deployed tremendous resources in combating drug abuse by young persons. It is now common knowledge that the abuse of ketamine in Hong Kong, especially by young persons, is prevalent. On these premises, when sentencing drug offenders related to ketamine, the court needs to send a clear message to the general public that such offenders would not be treated lightly. The quantities of ketamine possessed by D2 and D3 are by no means small; 10.26 grammes and 18.84 grammes respectively. Although they might have only intended to purchase the drug for self-consumption, it is plain that D2 and D3 were buying in bulk. An adult offender, even with a clear record, would most probably face a DATC order or a prison term for possessing such quantities of ketamine.

12.In this case, I will not overlook the defendants' age and their need for rehabilitation. In my view, both D2 and D3 must be subject to some form of disciplinary training in a closed setting. Probation Order or suspended sentence as suggested by defence lawyers would not be appropriate. I will certainly accept the Probation Officer's professional assessment. 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 D2, and a Detention Centre Order, which will be the sentence for D3.