HKSAR v. Yau Ka Chun

DCCC 946/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 946 OF 2014

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Reasons for Sentence
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1.Defendant, you have pleaded guilty to one charge of inhaling a dangerous drug, contrary to section 8(1)(b) and (2) of the Dangerous Drugs Ordinance, Cap 134.

2.The particulars are that on 26 April last year, in an Internet café you inhaled ketamine.  The particulars are very straightforward.  The police entered the cyber café in the evening of 26 April.  You and two other males were arrested.  The other males were charged with trafficking ketamine.  You yourself had on your person a $20 banknote and a $100 banknote containing traces of a powder of ketamine. 

3.You, under caution, admitted to the police that you had been given some ketamine by one of the other males and you inhaled it.

4.After you pleaded guilty to the charge, I adjourned sentence for probation officer’s report and a urine test. The reason I only called for such a report was at the time of your plea, you had a clear record.

5.The urine test was conducted and the result was negative for all types of drugs.  However, the probation officer could not make a recommendation because there was a sentence pending for a Fan Ling Magistracy case.  That charge in Fan Ling Magistracy was one of claiming to be a member of a triad society.  The date of that offence was back in 2011, but you were not convicted for that offence until after your conviction for this charge.  I adjourned your sentence to today to await the result of that Fan Ling Magistracy case.

6.I have been informed by the probation officer that in Fan Ling Magistracy you were sentenced to 2 months’ imprisonment but the term of imprisonment was suspended for 2 years.

7.I do not intend to repeat the content of both reports from the same probation officer.  It is relevant that you were at the time of the offence 20 years old.  From the report I can glean that you were brought up by your mother in a single parent family.  Your father had left the family when you were only 6 years old.  Unfortunately, you were not a good student and left school with no qualifications.  You did attend a vocational training course and pass it.  That was in hair design.

8.You did work for a period of time in a hair salon.  But due to a car accident and an injury, you had to stop working in that field.  You did then go on to have a string of jobs, but did ultimately work in Mannings for a period of 2 years.  It is here that you met your present girlfriend.  Within a short period of time you were cohabiting with your girlfriend and in fact she is now expecting a baby to be born later this year in August.  The plan is for both of you to marry in April.

9.I have had a letter from your girlfriend asking for leniency explaining that she can no longer work due to her pregnancy and is financially dependent on you.  I have also had a letter from your estranged father placing much blame on himself and asks for leniency on your behalf.  I note that on the last two occasions your parents and your girlfriend have been in court to show you support.

10.There is an explanation that you inhaled ketamine because you are unhappy.  At that particular time you and your mother’s relationship was not good.

11.You assured the probation officer that you are not a drug addict or have a drug problem, nor do you have any triad background.  However, the probation officer ultimately does not recommend probation because one of the conditions to be imposed would be a residential training course.  You have refused and your family backs you because you wish to continue working to support your family and the pending arrival of your child.

12.It does seem that you realise that you have a huge responsibility.  To become a parent at a young age will not be easy, but I hope you do understand that you and your family, you and your wife-to-be, are fully responsible for this child.  That means you cannot continue lingering with undesirable peers who will happily give you drugs.  If you are caught again with drugs, any court seeing that you have not one but two convictions, any court will surely consider a drug addiction treatment centre order. 

13.I am sure the two weeks you have spent in custody as a result of the Fan Ling Magistracy case has shown you how hard it is to lose your liberty.  Am I right?

DEFENDANT: Yes.

14.I am going to give you a last chance.  The main reason is because (a) your plea; and (b) at the time of your plea you had no criminal conviction; and lastly, because you should be given a chance to prove to yourself and your family that you can be responsible.  For this offence, Charge 2, I will impose a financial penalty, $2,000.  Do you understand that sentence?

DEFENDANT: Understand.