HKSAR v. Fong Ho Ying

DCCC735/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 735 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to an offence of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You have admitted that on 4 May 2011, near the taxi stand outside Tsuen Wan West MTR Station, Tsuen Wan, you trafficked in 46.14 grammes of a powder containing 33.91 grammes of ketamine.

2.On that day, at about 9.40 pm, police officers carrying out anti-drug duties in the Tsuen Wan area saw you acting suspiciously and thus intercepted you and found these drugs in five plastic bags which were inside your trousers pocket.  You admitted that those drugs were for trafficking and that you had purchased the drugs from someone called Ah Cheung at a bar for $2,800 the day before.  You then repackaged the drug.  You had taken the drugs out to sell at about 300 to 1,400 per package, depending on the quantity.  The estimated street value of the drugs was HK$5,213.

3.Your solicitor, Mr Kong Tak-yuen, has mitigated on your behalf on the last occasion and today.  I have taken into account the mitigation advanced on your behalf.  You are 18 years of age and have two previous convictions.  Both related to dangerous drugs: the first in 2008 for smoking and injecting dangerous drugs, for which you were fined $1,500; and a year later, in 2009, you were convicted of possession of dangerous drug, for which you were sentenced to probation for 18 months. 

4.In short, Mr Kong has said that you have been a drug addict for quite a long time now, and from the training centre report it confirms as you are a drug dependent and thus you are not suitable for training centre.  I note that on a previous occasion, you had been admitted to the Society for the Aid and Rehabilitation of Drug Abusers, that is SARDA, in October 2009.  You were released in November 2010.  You then found some good jobs but, unfortunately, relapsed into drugs again in early 2011. 

5.As your solicitor, Mr Kong, said, for trafficking in dangerous drugs which are ketamine there are clear guidelines laid down by the Court of Appeal.  You have trafficked in 33.91 grammes of ketamine, and in following the tariff in the case of Hii Siew Cheng, had I convicted you after trial, I would have taken a starting point of 5 years’ imprisonment.  Defendant giving you full credit for your plea of guilty, I reduce that term to one of 3 years 4 months’ imprisonment to which you are so sentenced. 

6.Defendant, it is very sad to see a youngster like you trafficking in such a large amount of drugs and having to serve such a long period of imprisonment.  I had called for the training centre report, hoping that that time at the training centre would rehabilitate you but unfortunately, you were unsuitable for detention there.  You have led quite a wayward life for the past four years at least, and despite the lenient sentences passed upon you previously, that does not seem to have taught you a lesson.  You are a very, very young girl.  You have a life ahead of you.  I really do hope that you will change anew, and when you are released that you will be law-abiding citizen. 

7.Clearly, I can see your mother in court is very upset.  No doubt you are as well, but you have probably caused your mother considerable heartache in the last few years.  You will have a long time to think about this and I sincerely hope that you will mend your ways.