HKSAR v. Wong Hing Yee

DCCC 718/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 718 OF 2013

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REASONS FOR SENTENCE

1.You have pleaded guilty to one charge of trafficking in 93.38 grammes of a powder containing 56.44 grammes of ketamine, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.

2.In summary at about 8:28 p.m. on the 5 June this year the police intercepted you at Electric Road near Tsing Fung Street in North Point.  Inside a red chocolate box which you were carrying in a paper bag the police found 11 plastic bags containing the ketamine.  Under caution and in a subsequent video interview you said for a reward of $800 you trafficked ketamine for the first time to earn money to help your family.  This was not the truth as I am told your family were not in need of money.

3.In Secretary for Justice v Hii Siew Cheng[2008] 3 HKC 325 the Court of Appeal laid down guidelines for trafficking in ketamine.  Where the narcotic content is between 50 and 300 grammes sentence after trial falls within the range of 6-9 years imprisonment.

4.You will be 18 in two days time.  Section 109A of the Criminal Procedure Ordinance, Chapter 221 provides no court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of the opinion that no other method of dealing with such person is appropriate.  Whilst this provision does not apply to trafficking in a dangerous drug, which is an excepted offence, a court must exercise great care before committing a young offender to prison. 

5.I therefore called for a training centre suitability report to provide me with further information about you, warning you that even if training centre was recommended this did not mean I would impose a training centre order.  The appeal courts have made clear that save in very rare cases a training centre order should not be imposed for trafficking in substantial quantities of dangerous drugs (see for example Secretary for Justice v Ko Fei Tat [2002] 4 HKC 59).

6.I have carefully considered everything said by Mr Poon on your behalf.  Although you cannot be said to be of extreme youth I take into account your young age and that you have no previous convictions.  I have carefully considered the content of your letter together with the various certificates and academic reports and letters of mitigation from your school principal.   

7.The academic reports and certificates show a promising start to your schooling however as revealed in the training centre report your learning attitude and academic performance began to deteriorate when you proceeded to Form 1 after getting to know some dubious classmates.  Recently after finishing the school examinations you began smoking cannabis and tried ketamine the day before you committed the present offence.

8.You told the Assessment Officer that you became involved in trafficking drugs in order to earn easy money so you could go to Taiwan.  This of course is different to what you told the police when arrested that you committed the offence to earn money for your family.  I am told you lied to the police and that what happened was that you had an argument with your family after which you decided to traffick in drugs so as to earn money to travel to Taiwan. 

9.Whilst on remand you have managed to comply with the institutional rules and regulations.  The Assessment Officer says you have been cooperative and polite in attitude and showed remorse for your misdeeds, in particular for disappointing your parents.  You are considered suitable for detention in a training centre and ask in your letter that I send you to the training centre.

10.After very careful consideration I am satisfied that this is not one of those very rare cases where a training centre order would be appropriate.  Clearly you were associating with those involved in drugs as shown by the fact you tried ketamine the day before and had access to what was a large quantity of ketamine.  Although young in order to earn easy money you willingly became involved in trafficking drugs for reward.  Notwithstanding your young age and that you have spent six months in custody I am satisfied there are no exceptional circumstances warranting departure from the guidelines. 

11.Taking into account your young age and clear record I am satisfied the proper starting point after trial for 56.44 grammes of ketamine is 6 years imprisonment.  Giving you full credit for your plea of guilty you are convicted and sentenced to 4 years imprisonment.