Case Document

100%

DCCC1018/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1018 OF 2009

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

	HKSAR
	v.
	Chan Chuen-lai (D2)

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

Before:

H H Judge S. D'Almada Remedios

Date:

4 March 2010 at 9.37 am

Present:

Mr Phillip Ross, Counsel on fiat, for HKSAR
Mr Shaun Patrick Kelly, instructed by C P Lin & Co., for the 2nd Defendant

Offence:

Possession of a dangerous drug (管有危險藥物)

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

Reasons for Sentence

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

1.Defendant, you have pleaded guilty to an offence of possession of a dangerous drug, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance.

2.You admitted that on 20 July 2009 at the lift lobby on the 35th floor of Mei Yue House, Shek Kip Mei, Sham Shui Po, you had in your possession a dangerous drug, namely 26.93 grammes of a powder containing 20.59 grammes of ketamine.

3.On the material day at about 8 pm police officers were conducting an anti-drug operation in that building. They saw you and the 1st defendant leave a flat on the 35th floor. They approached you both but you both turned around and fled. Eventually they intercepted you at the lift lobby.

4.Upon search, they found the drugs in your right front pocket of your trousers. Under caution, you claimed that the drugs were sold to you for $1,500.

5.You are 23 years of age and have three previous convictions. One similar, possession of a dangerous drug, to which you were sentenced to detention centre in 2006.

6.Prior to sentencing you, I called for a drug addiction treatment centre report. Mr Kelly, your counsel, has urged me to follow the recommendation of the medical officer and sentence you to the centre for treatment as you are a drug dependant. He says that this is beneficial to you given your dependency.

7.The report sets out your background. You have been in and out of trouble since 2005. Quite frankly, the report is not very favourable. You had been sent on your first offence for assault occasioned actual bodily harm to the Rehabilitation Centre. After that you were sent to Detention Centre during the supervision period, you were recalled for further training in 2007. Since 2003 you have been taking drugs, particularly ketamine.

8.You have not been frank about your work activities. However, you did disclose your drug dependency. You are remorseful about your misdeeds and have decided to get rid of your vice habit.

9.Now, as I mentioned to you on the last occasion, the quantity of drugs is fairly large. However, I must consider what is best for your rehabilitation. You are still a young man and clearly a drug dependant and have never been sent to the drug addiction treatment centre before. In those circumstances, I take into consideration your drug dependency, and coupled with the intensive supervision, I consider an order to send you to the treatment centre to be most beneficial to you.

10.In those circumstances you will be sentenced to the Drug Addiction Treatment Centre.