HKSAR v. Ho Kwok Kit

DCCC1371/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1371 OF 2011

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Reasons for Sentence

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1.You have pleaded guilty to two charges of trafficking in dangerous drugs.  These are very serious offences and the drugs concerned are also hard drugs.  Those two charges were committed within the space of two weeks.

2.The second offence was commenced while you were on police bail for the first offence.  That is an aggravating factor.

3.However, I take into consideration the small amount of drugs involved.  The prosecution accepts that by virtue of the amount, they accept that it is for self-consumption.

4.You have a clear record.  You have pleaded guilty.

5.I am going to sentence you to probation; probation for 3 years:

(a) work and reside as directed by the probation officer;

(b) curfew: 8 pm to 7 am unless with prior approval of the probation officer. That means you cannot go out after 8 pm or before 7 am unless you have the prior approval of the probation officer;

(c) there will be random curfew checks by the probation officer. He will either come to your home or call you. If he calls you, for any reason you cannot speak to him personally on the phone, I will treat it as a breach of curfew. I do not accept any excuse;

(d) peer association as directed by the probation officer;

(e) places of entertainment as directed by PO;

(f) random urine test as directed by PO;

(g) attend and complete any drug withdrawal treatment as directed by PO;

(h) participate in activities and programmes as directed by PO;

(i) refrain from possession or use of any dangerous drugs or illicit substances.

6.I will now explain to you the meaning of a probation order.  That means you will be under the supervision of a probation officer for three years.  You must comply with all the terms that I have just explained.

7.If you are in breach of any of those, you will be in breach of the PO, or if you were to commit another offence within the three years, you would be in breach of the PO, and I mean any offence, whether similar to this case or not.

8.If you are in any way in breach of the PO, you will be brought back to court and you will be re-sentenced for these offences.

COURT: Do you understand?

DEFENDANT: Understand.

COURT: You accept those terms and you accept the PO?

DEFENDANT: Yes.

9.There will be progress report on 20 April, 9.30, this court.

10.There will be a PO in identical terms for both charges concurrent.