HKSAR v. Liu Chun-ling, Genrund

DCCC 1389/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1389 OF 2011

____________

________________________

REASONS FOR SENTENCE

________________________

The defendant pleaded guilty to a charge of "Possession of dangerous drugs". The dangerous drugs involved are ketamine, herbal cannabis and cocaine.

2.About 4:40 pm on 2 September 2011, DSPC 46439 and DPC 33068 saw the defendant walking out from a house situated at No.188 Hang Mei Tsuen, Ping Ha Road, Ping Shan, Yuen Long (the "House").  They stopped him for investigation.  Upon search, nothing suspicious was found on the defendant.

3.The defendant was then escorted to the 1^st Floor of the House.  The Police entered the premises using the key seized from the defendant.  A house search was conducted and the following items were found on a coffee table in the living room :-

(i) 2 transparent plastic bags (later found to contain a total 13.95 grammes of a powder containing 7.47 grammes of ketamine);

(ii) 1 transparent plastic bag (later found to contain 1.46 grammes of cannabis in herbal form);

(iii) 1 HK$100 banknote folded into a packet (later found to contain 0.13 gramme of a powder containing 0.11 gramme of cocaine);

(iv) 1 HK$20 banknote folded into a packet (later found to contain 0.01 gramme of a powder containing cocaine);

(v) 1 folded HK$10 banknote (later found to contain traces of a powder containing cocaine);

(vi) 1 folded HK$10 banknote (later found to contain traces of cocaine);

(vii) an electronic scale (later found to contain traces of a powder containing ketamine);

(viii) a cigarette roller; and

(ix) 60 empty transparent plastic bags.

4.Under caution, the defendant admitted that the "K-chai" and cannabis belonged to him and were for his own consumption.

5.The defendant is now 23 years old and has a clear record.  Defence lawyer Mr. Swainston informed me that prior to his arrest, the defendant worked as a car park attendant earning about $10,000 per month.  I was also told that the defendant had a lymphatic problem and received surgery about a year ago. As the defendant was still feeling pain after the surgery, he foolishly took ketamine for pain relief upon the suggestion of some friends.  In view of the defendant's background and health condition, I called for an array of pre-sentencing reports.

6.The reports now reveal that the defendant is a drug dependant and is suitable for admission to DATC.   Probation is recommended on the condition that there is no need for institutional detoxification treatment in a confined setting.  Today, Mr. Swainston submitted that the defendant's family members strongly support him; they promise that the defendant will move back home and reside with them.  Both the defendant and his family members strongly hope for a Probation Order.

7.This case involves 7.47 grammes of ketamine, 1.46 grammes of herbal cannabis and some negligible amount of cocaine.  The electronic scale and the 60 empty transparent plastic bags found in the defendant's premises do cause me some concern; however, I bear in mind that the defendant is facing a "simple possession" charge.  The defendant is a drug addict, DATC would be most beneficial to him.  Having considered his age, clear record and his need for institutional detoxification treatment, I am of the view that a DATC Order is the most appropriate sentence.  I therefore sentence the defendant to a Drug Addiction Treatment Centre (with conviction recorded).