HKSAR v. Chan Wai Chung
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DCCC 473/2014 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CRIMINAL CASE NO 473 OF 2014 ----------------------
--------------------- Reasons for Sentence --------------------- 1.The defendant pleaded guilty to a charge of trafficking in 52.70 grammes of ketamine. 2.At 9.45 pm on 27 March 2014, offences were on patrol on the 1st floor of Tak Tin Plaza in Pik Wan Road, Kwun Tong. The officers thought that he was behaving suspiciously, so they intercepted and searched him. They found a resealable plastic bag containing suspected ketamine. After the officers found this bag in the left inner pocket of his jacket, the defendant then took out a black plastic bag containing two resealable plastic bags from his underwear which also contained ketamine. 3.The defendant arrested and cautioned and under caution, he said, “Ah Sir, I have delivered half packet to somebody.” 4.The defendant was later searched. Inside the left outer pocket of the defendant’s jacket, they found cash of $11,000. In his right outer pocket, there was a wallet containing six and a half thousand dollars in cash and a bankcard. The defendant was also in possession of two mobile phones. 5.The street value of the drugs seized was $7,600. 6.The defendant has a clear record. He was 16 at the time the offence was committed. He was educated to Secondary 2 standard. He lives with his parents. His father is a decoration worker, his mother is a housewife, and there are two younger sisters aged 4 and 14. 7.Because of the defendant’s age and his clear record, on a previous occasion I adjourned the case so that I could have the advantage of a report from one officer from the Correctional Services Department. The report states that he was raised in a working-class family and was the eldest among three siblings. According to the report, his father has suffered from illness since 2004 and has been unable to work. Since then, the family has relied on comprehensive social security assistance. 8.The officer took the view that his parents were weak in child supervision and failed to render effective guidance towards him during your upbringing. That coupled with the fact that during his secondary education he was associating with undesirable peers, he turned rebellious. In 2011, he joined a triad society. He had no interest in studies and quitted Form 2 in May 2012. He failed to secure stable employment. He started to consume ketamine and in 2014 January, he started trafficking in ketamine. The officer took the view that he is mentally and physically fit for detention in a training centre and would benefit from a period of detention in a centre. 9.The offence to which he has pleaded guilty is a very serious offence. The Court of Appeal have said that for trafficking in that quantity of ketamine, the appropriate starting point is between 6 to 9 years’ imprisonment. However, having considered the contents of the report, it seems to me that a period of detention in a training centre would be more beneficial to the defendant and to society. He has led a rebellious life and it seems to me that a period of disciplinary training coupled with statutory supervision would be beneficial to his reformation. 10.I have therefore decided that in respect of this offence, he will be detained in a training centre.
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