HKSAR v. Fong Kwai Wa

DCCC229/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 229 OF 2011

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Reasons for Sentence

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1.You pleaded guilty to one count of possession of dangerous drugs. Facts revealed that on the 20 October last, at about 2.00 am, you were stopped and searched by police and found in your possession 23 plastic bags of dangerous drugs, including 19.36 grammes of a powder containing 12.59 grammes of ketamine and 1.12 grammes of a solid containing 0.98 grammes of cocaine.

2.You admitted that these drugs were for your own consumption and in mitigation, you said, you were suffering from some kinds of skin-disease, which caused you pain and you thought this drugs could relief you from the pain. 

3.Before sentencing, court asked for a DATC report, which confirmed that you are not a drug-dependent and therefore not suitable for admission to DATC. 

4.In sentencing you, court will take into account your plea of guilty, the mitigation put forward by your counsel and that you had a clear record.  The court will also take into account the quantity and nature of drugs involved in this case.  Court will take 12 months as a starting point because of your plea, I reduce it to 8 months. 

5.I would like to remind you that, there is expert opinion saying that either ketamine or cocaine could help in relieving the pain you are now suffering.  Quite the contrary it will worsen your problem, so you were better refrain from taking this drugs in future.