HKSAR v. Tam Po Wing

DCCC381/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 381 OF 2011

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Reasons for Sentence

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1.Mr Tam, as you know, and you have admitted to this, you have fundamentally breached the probation order that I made. Therefore I revoke that order.

2.As you are aware, you have pleaded guilty to one offence of possession of dangerous drugs.  This was possession of 0.55 grammes of solid containing 0.41 grammes of cocaine.  This was on 7 October of last year. 

3.When a probation order was made for a period of 12 months two conditions were attached apart from the normal conditions of probation.  The first was to refrain from illicit drugs.  The second was to undergo urine tests when required by the probation officer.  As we know, through the urine tests you were found to have taken dangerous drugs during the period, and you admitted to that.  There are at least, I believe, two positive results.  Therefore I do revoke the probation order that was made.

4.The facts were dealt with on the last occasion.  I do not need to repeat those.  Now, I note what you have said in your letter, but the weakness of that is that if you go to prison you do not receive treatment.  You simply go what is called “cold turkey”.  Sometimes this works, sometimes it does not.  You are 19 years of age.  This is the first conviction involving drugs.  The Correctional Services are of the opinion that you do need treatment, proper treatment.  Whilst I know what you say about the convenience of your family, that, to my mind, is of secondary importance to assisting you to get rid of your drug addiction.  Therefore, I do, for the original offence, make a DATC order, and I trust that will assist you.