HKSAR v. Lung Ming Wa

DCCC892/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 892 OF 2011

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Reasons for Sentence

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1.The defendant has pleaded guilty to one charge of trafficking in a dangerous drug, laid against him under section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.

Facts

2.The facts to which he agrees are as follows. 

3.On the afternoon of 5 July 2011, two police officers saw the defendant behave in a furtive manner outside a public housing estate in Kwai Chung.  They intercepted him for enquiry and found in his possession four packets containing what was later confirmed to be 43.75 grammes of a powder with 34.8 grammes of ketamine in it.  The defendant told the officers that he had the drugs for consumption.

Conviction

4.By entering a plea of guilty to the charge, the defendant admits possessing the ketamine for purposes of dealing with it unlawfully rather than consuming it himself.  The court finds the defendant guilty as charged.   

5.The defendant has had a clear record prior to his current conviction. 

Pre-sentence Reports

6.The court has in view of the defendant’s age, commissioned a Probation Report and a Training Centre Suitability Report, contents of which are as follows.

7.The defendant, the only child of the family, was born on the Mainland in 1992.  During his childhood, he was taken care of by his paternal grandparents.  When the defendant was 12 years old, his father passed away.  The family lived in dire poverty. 

8.The defendant’s mother joined her sister in Hong Kong, and visited the defendant on the Mainland once every three to six months.  In 2007, by which time he had almost completed his junior high school studies, the defendant reunited with his mother in Hong Kong.

9.Upon arrival, he was arranged to repeat Form 1 and Form 2 studies.  He could manage the Form 1 curriculum, but fell behind when promoted to Form 2, for he frequented cyber cafés and indulged himself in computer games.  He made the acquaintance of undesirable characters with triad connection.  That year, he played truant, was late for school, and slept in class regularly. 

10.To break his unruly lifestyle, his mother sent him to Guangzhou and had him enrolled in a cookery course.  He returned to Hong Kong in March 2011 without finishing the course. 

11.He then worked as a kitchen assistant in Hong Kong, but quit that job after a short while.  In July this year, he came to know a person called Ah Yiu who asked him to deliver dangerous drugs for a reward.  The defendant resisted in the beginning, but having no money, he succumbed to the temptation and agreed to Ah Yiu’s suggestion, and hence the commission of this offence.

12.The rehabilitation officer recommends a Training Centre Order for the defendant.   

Mitigation

13.In mitigation, the defence puts forward the following matters for the court’s consideration. 

14.The defendant is still young, and has had a clear record.  He accepts criminal responsibility and pleads guilty to the charge as an expression of remorse.  

15.The pre-sentence reports have detailed the defendant’s background and reason for committing this offence. 

16.The court is urged to adopt the recommendation of a Training Centre Order. 

Discussion

17.Drug abuse plagues the society.  It ruins families and breeds crimes, ad hoc and organised.  It wrecks a person’s life, sometimes beyond hope and repair. 

18.Even those who have successfully fought and overcome their addiction, their personalities and emotional make-up are in most cases marred for life; employment opportunities for them are very often limited; and prospects of their reintegration into the society are grim. 

19.What often awaits drug addicts and ex-drug addicts is extreme poverty over sustained periods and a life without self-esteem.  The society suffers immeasurably as a result. 

20.Drug traffickers are responsible for the spread of this vice habit.  The duty is upon the court to play its part in the fight against drug trade, to see to it that no one would be in any doubt that the society does not tolerate criminal conducts involving drug deals.  

21.The particular dangerous drug with which the court is concerned is ketamine, a psychotropic substance often used by drug abusers in conjunction with alcohol or other dangerous drugs.  It is well-known for its hallucinogenic effect. 

22.The abuse of ketamine causes impairment of the cognitive function, in worse cases, making the abusers liable to drown, to fall from height, and to cause car accidents.    

23.There is a correlation, medical experts have established, between ketamine and kidney dysfunction and shrunken bladder effect.  Sociologists have opined that among places where ketamine was abused, Hong Kong appeared to be worse, and that ketamine hit our younger generation, particularly those under 21.  Academics have pointed out that ketamine caused amnesia and could be used to facilitate sexual assaults by hampering the victim’s memory of what happened. 

24.The abuse of ketamine has in recent years become rampant in Hong Kong. 

25.In view of these factors, the Court of Appeal has laid down a sentence guideline for trafficking in ketamine.  For the amount of ketamine the defendant was found to have trafficked in, the normal sentence range is one of four to six years’ imprisonment. 

26.The defendant has had a clear record before his current conviction and is a young person of 19.  He has pleaded guilty to the charge as an expression of remorse.  There is an international norm in that a prison sentence should be imposed on a young person only as a last resort. Hong Kong adheres to this international standard (see section 109A of the Criminal Procedure Ordinance, Cap.220). 

27.The court agrees that every favourable consideration should be given to the rehabilitation of the defendant, who has had hitherto an unblemished character and who is remorseful for his wrongdoings. 

28.The court is of the view that the Training Centre can provide the defendant with an opportunity to acquire some useful skills to enhance his employment opportunity, and that the defendant’s conduct can be closely monitored during the supervision period.  This, it is hoped, would improve his chances of a successful integration into and of becoming a useful member of the society. 

Conclusion

29.It is the court’s view that the defendant’s case can be suitably dealt with by the way of a Training Centre Order.  

Order

30.The defendant is sentenced to detention at the Training Centre.