HKSAR v. Kwok Wai Tung

DCCC114/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 114 OF 2010

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Reasons for Sentence

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1.The defendant pleaded guilty to 1 charge of "Trafficking in a dangerous drug". The dangerous drug involved is ketamine.

2.This case is a typical "stop and search" indicent. At about 6:15 pm on 9 December 2009, outside Kwong Ngar House, Kwong Tin Estate, Kwun Tong, PCs 58827 and 1069 saw the defendant walking hurriedly and constantly looking around. They intercepted the defendant and PC 58827 searched him. A plastic bag containing 45 bags of suspected ketamine was found beneath the defendant's front waistband. He arrested the defendant. Under caution, the defendant admitted that he intended to sell "K-chai".

3.The Police conducted a video interview with the defendant in the presence of his mother. In the interview, he admitted, under caution, that he met a male named Ah Keung about a month ago. Later on, Ah Keung called him to see if he would like to have ketamine. He gave a positive reply and met Ah Keung at a shopping mall in Wanchai on 8 December 2009. He paid Ah Keung $2,300 for the ketamine. The defendant then placed the ketamine at a fire hose reel located at staircase B of Kwong Yat House, Kwong Tin Estate. On the following day, he had just retrieved the drug from the fire hose reel shortly prior to his arrest.

4.The Government Chemist examined the drug seized from the defendant and confirmed that it is 53.54 grammes of a powder containing 32.14 grammes of ketamine.

5.The defendant is now 15 years old. He was born and raised in Hong Kong and has a clear record. He completed F.3 and is currently enrolled in Youth College (Pokfulam) studying for a diploma course in Electrical Engineering. The defendant's parents are divorced; he resides with his father and elder sister. All his family members are supportive of him. Defence lawyer Mr. LOK submitted a bundle of mitigation letters, the contents of which are noted.

6.In view of the defendant's age, I adjourned the sentence to obtain a suitability report from Rehabilitation Centre, Detention Centre and Training Centre. I note that the defendant is in breach of a 12-month bind over order imposed on him in July 2009 in relation to a criminal damage incident.

7.According to the report, the defendant is mentally and physically fit for detention in a Rehabilitation Centre or a Training Centre. The Probation Officer considers that the defendant is more suitable for detention in a Rehabilitation Centre.

8.The sentencing tariff for trafficking in ketamine is laid down in SJ v HII Siew Cheng [2009] 1 HKLRD 1. For 10 to 50 grammes, the sentence ranges from 4 to 6 years imprisonment. In other words, for 32.14 grammes, the appropriate starting point would be about 5 years.

9.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. On the other hand, I cannot overlook the defendant's age and his need for rehabilitation. I bear in mind that correctional institutions such as Rehabilitation Centres and Training Centres exist for the benefit of young offenders. These institutions play an important role in our penal system. After careful consideration, especially the likely duration for which the defendant is required to spend in both places, I have decided to make a Training Centre Order, a sentence which can adequately reflect the gravity of the offence and is, at the same time, beneficial to the defendant.

10.Although the defendant committed the present offence during his bind over period, the present offence is of a different nature. Hence, I make no order in this regard. The bind over order will continue to take effect.