由此
A A
B B
DCCC 1180/2010
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 1180 OF 2010
E E
____________
F HKSAR F
v.
G G
FUNG Kong-shing
H ____________ H
I I
Before: Deputy District Judge Chainrai in Court
J Date: 23 March 2011 J
Present: Ms. Jennifer Fok, Public Prosecutor, for HKSAR/Director of
K K
Public Prosecution.
L Mr. Leung Hok Yuen Andrew Christopher instructed by L
Messrs. Hoosenally & Neo assigned by D.L.A. for the
M M
Defendant.
N N
Offence: (1) Possession of a dangerous drug（管有危險藥物）
O (2) Resisting a police officer in the execution of his duty（抗拒 O
執行職責的警務人員）
P P
(3) Possession of offensive weapon（管有危險藥物）
Q Q
(4) Resisting a police officer in the execution of his duty（抗拒
R 執行職責的警務人員） R
S S
T T
U U
V V
由此
- 2 -
A A
B B
Reasons for Sentence
C C
1. The Defendant has been convicted on his own plea on four
D D
counts on the amended indictment – two counts of possession of a
E dangerous drug, contrary to Section 8(1)(a) and (2) of the Dangerous Drug E
Ordinance, Cap. 134, the dangerous drugs being 34.29 grammes of a
F F
powder containing 20.09 grammes of ketamine for count 1 and 9.97
G grammes of a powder containing 7.75 grammes of ketamine for count 3, G
and two counts of resisting police officers in the execution of their duties,
H H
contrary to Section 63 of the Police Force Ordinance, Cap. 232 (counts 2
I and 4). I
J J
2. Facts admitted by the Defendant in respect of counts 1 and 2
K disclose that at 5.32 p.m. on 23 July 2010, police officers patrolling in the K
vicinity of Shek Lei Shopping Centre Phase 2, No. 110 Tai Loong Street,
L L
Kwai Chung, saw the Defendant acting furtively and intercepted him – he
M was brought to No. 3 Staircase, 2/F., Shek Lei Shopping Centre Phase 2 for M
body search. Upon search, a re-sealable plastic bag containing the
N N
dangerous drugs the subject matter of count 1 was found from his waist
O area which was covered by his trousers. He was arrested and cautioned O
and under caution said he had bought the ‘K’ for HK$2,000 from a man at
P P
around 4 p.m. and that it was for his own self-consumption (count 1).
Q When the Defendant was being escorted to board the police vehicle by the Q
police officers, the Defendant refused to co-operate and became emotional.
R R
When PC34985 tried to take hold of the Defendant’s hand, the Defendant
S suddenly hit PC34985’s face once with his hand. PC34985 tried to S
handcuff the Defendant but the Defendant kept waving his hands and tried
T T
to bang his head against the wall. He was eventually subdued and
U U
V V
由此
- 3 -
A A
B B
handcuffed (count 2). While Sgt 38283 was trying to subdue the
C Defendant, he sustained abrasions to his right middle finger and right ring C
finger. The Defendant was arrested for resisting arrest and said under
D D
caution with foul language that he resisted because he was being arrested.
E On this occasion the dangerous drugs found from the Defendant was E
examined by the Government Chemist and found to contain 34.29
F F
grammes of a powder containing 20.09 grammes of ketamine. The
G estimated street value of these drugs was HK$4,046. The Defendant was G
remanded is custody until he was granted bail by the High Court on 4
H H
August 2010.
I I
3. At about 12.05 a.m. on 16 August 2010, police officers
J J
patrolling at the staircase of 37/F, Shek Kwong House, Shek Lei Estate,
K Kwai Chung saw 4 males including the Defendant herein gathered at the K
staircase on 36/F and 37/F. Upon seeing the police officers, the 4 males
L L
fled. The police officers gave chase and eventually the Defendant was
M caught at the landing between 34/F and 35/F. The other males escaped. M
The Defendant struggled vehemently and grabbed the chest of one officer
N N
with his hand, causing redness at his chest and damaging his police
O uniform (Count 4). Upon being searched, a re-sealable plastic bag O
containing the dangerous drugs the subject matter of count 3 was found
P P
inside the Defendant’s underpants. The Defendant was thus arrested and
Q cautioned for counts 3 and 4. The dangerous drugs was found to be 9.97 Q
grammes of a powder containing 7.75 grammes of ketamine, with an
R R
estimated street value of HK$1,186. Counts 3 and 4 were committed
S shortly after he was granted bail from the High Court in respect of counts 1 S
and 2.
T T
U U
V V
由此
- 4 -
A A
B B
4. The Defendant is now aged 20 years. He had 2 previous
C convictions, one for robbery in 2005 when he was sentenced to the C
Detention Centre and one for theft in 2007 when he was sentenced to the
D D
Training Centre. In view of his age and at the request of Defence Counsel,
E I adjourned sentence until today, calling for reports – Background, E
Training Centre and Drug Addiction Treatment Centre Reports. Counsel
F F
reserved mitigation.
G G
5. Those reports are now before me and I have duly considered
H H
the contents therein. I have also borne in mind all that has been urged upon
I me in mitigation by Counsel on his behalf. His background is set out in I
great detail in the reports before me and I do not intend to rehearse the
J J
contents herein. Suffice to say that he is the youngest of three children and
K he lives with his family. His behaviour in primary school indicated K
symptoms of ‘attention deficiency hyperactive disorder’ and his
L L
misbehaviour included bullying, tantrums, speaking foul language,
M vandalism, bringing beers to school, dishonesty and truancy. He left M
school after Primary 6 in 2005. Soon after leaving school, he was
N N
convicted of robbery and sentenced to the Detention Centre when he was
O 14 years old. He continued to mingle with undesirable peers upon O
discharge from the Detention Centre. Because of his hyperactive nature
P P
and short temper, he was unable to keep a job. He became involved with
Q his former triad peers in his neighbourhood, and for an offence of theft was Q
sentenced to the Training Centre in March 2007. Even after his discharge,
R R
his behaviour was unsatisfactory and he was recalled to the Training
S Centre in November 2009. He was released for the second time in S
February 2010, and introduced to work as an apprentice chef. He quit the
T T
job in May 2010. His father arranged for the Defendant to work with his
U U
V V
由此
- 5 -
A A
B B
cousin in China at an aquaculture farm. He returned to Hong Kong in July
C 2010 to report to the Training Centre. Aftercare Officer as scheduled, and C
immediately mixed with his undesirable peers and committed the present
D D
offences soon after. When interviewed by the probation officer for the
E Background Report, the Defendant admitted his habit of sniffing ketamine E
under peer influence after his return to Hong Kong. The officer who
F F
interviewed him to prepare the DATC Report described the Defendant as
G unco-operative and evasive in disclosing his drug taking behaviour. He G
said the Defendant claimed he started sniffing ketamine in 2006 under the
H H
influence of his drug-taking peers, and thereafter consumed ketamine
I almost daily – he had also tried ecstasy, cocaine and ice, and claimed he I
was provided the drugs free of charge. His last dose of dangerous drugs
J J
was in mid-August, 2010, which would be just before his arrest and
K detention in the present matter. The officer opined that the Defendant did K
not show any remorse or reflection into his delinquent behaviour. He said
L L
the Defendant claimed he had already been in custody for some 7 months,
M as he has been remanded since his arrest in mid-August 2010, and sought a M
sentence of imprisonment. I have been told by Defence Counsel today that
N N
the Defendant now thinks that the DATC would be an appropriate sentence
O to help him deal with his drug addiction. The officer also opined that the O
Defendant displayed no determination to lead a decent life. The officer
P P
held the view that the Defendant may stand a chance of success in turning
Q over a new leaf if given due and adequate social intervention, and Q
recommended that a compulsory drug addiction treatment programme
R R
coupled with statutory supervision would be appropriate for his
S rehabilitation and recommended his admission to the DATC. The S
Defendant has been examined by a medical officer who has opined that the
T T
Defendant is a drug dependant and he is considered suitable for admission
U U
V V
由此
- 6 -
A A
B B
to the DATC. He has never been to the DATC before – these are his first
C drug related offences. C
D D
6. For young offenders such as the Defendant, rehabilitation is
E an important consideration. Clearly his addiction is one of the main causes E
of his problems, and treatment for this is of paramount importance. That
F F
can best be provided through the DATC programme. In my view, that is
G the most appropriate sentence in the circumstances. In respect of each of G
the charges of which he has been convicted, the Defendant is sentenced to
H H
the Drug Addiction Treatment Centre, the orders to be concurrent, with
I conviction to be recorded. I note that he has a family that is concerned I
about him and his welfare, and their support will certainly help him in the
J J
months to come as he deals with his addiction problem.
K K
L L
Bina Chainrai
M M
Deputy District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
由此
A A
B B
DCCC 1180/2010
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 1180 OF 2010
E E
____________
F HKSAR F
v.
G G
FUNG Kong-shing
H ____________ H
I I
Before: Deputy District Judge Chainrai in Court
J Date: 23 March 2011 J
Present: Ms. Jennifer Fok, Public Prosecutor, for HKSAR/Director of
K K
Public Prosecution.
L Mr. Leung Hok Yuen Andrew Christopher instructed by L
Messrs. Hoosenally & Neo assigned by D.L.A. for the
M M
Defendant.
N N
Offence: (1) Possession of a dangerous drug（管有危險藥物）
O (2) Resisting a police officer in the execution of his duty（抗拒 O
執行職責的警務人員）
P P
(3) Possession of offensive weapon（管有危險藥物）
Q Q
(4) Resisting a police officer in the execution of his duty（抗拒
R 執行職責的警務人員） R
S S
T T
U U
V V
由此
- 2 -
A A
B B
Reasons for Sentence
C C
1. The Defendant has been convicted on his own plea on four
D D
counts on the amended indictment – two counts of possession of a
E dangerous drug, contrary to Section 8(1)(a) and (2) of the Dangerous Drug E
Ordinance, Cap. 134, the dangerous drugs being 34.29 grammes of a
F F
powder containing 20.09 grammes of ketamine for count 1 and 9.97
G grammes of a powder containing 7.75 grammes of ketamine for count 3, G
and two counts of resisting police officers in the execution of their duties,
H H
contrary to Section 63 of the Police Force Ordinance, Cap. 232 (counts 2
I and 4). I
J J
2. Facts admitted by the Defendant in respect of counts 1 and 2
K disclose that at 5.32 p.m. on 23 July 2010, police officers patrolling in the K
vicinity of Shek Lei Shopping Centre Phase 2, No. 110 Tai Loong Street,
L L
Kwai Chung, saw the Defendant acting furtively and intercepted him – he
M was brought to No. 3 Staircase, 2/F., Shek Lei Shopping Centre Phase 2 for M
body search. Upon search, a re-sealable plastic bag containing the
N N
dangerous drugs the subject matter of count 1 was found from his waist
O area which was covered by his trousers. He was arrested and cautioned O
and under caution said he had bought the ‘K’ for HK$2,000 from a man at
P P
around 4 p.m. and that it was for his own self-consumption (count 1).
Q When the Defendant was being escorted to board the police vehicle by the Q
police officers, the Defendant refused to co-operate and became emotional.
R R
When PC34985 tried to take hold of the Defendant’s hand, the Defendant
S suddenly hit PC34985’s face once with his hand. PC34985 tried to S
handcuff the Defendant but the Defendant kept waving his hands and tried
T T
to bang his head against the wall. He was eventually subdued and
U U
V V
由此
- 3 -
A A
B B
handcuffed (count 2). While Sgt 38283 was trying to subdue the
C Defendant, he sustained abrasions to his right middle finger and right ring C
finger. The Defendant was arrested for resisting arrest and said under
D D
caution with foul language that he resisted because he was being arrested.
E On this occasion the dangerous drugs found from the Defendant was E
examined by the Government Chemist and found to contain 34.29
F F
grammes of a powder containing 20.09 grammes of ketamine. The
G estimated street value of these drugs was HK$4,046. The Defendant was G
remanded is custody until he was granted bail by the High Court on 4
H H
August 2010.
I I
3. At about 12.05 a.m. on 16 August 2010, police officers
J J
patrolling at the staircase of 37/F, Shek Kwong House, Shek Lei Estate,
K Kwai Chung saw 4 males including the Defendant herein gathered at the K
staircase on 36/F and 37/F. Upon seeing the police officers, the 4 males
L L
fled. The police officers gave chase and eventually the Defendant was
M caught at the landing between 34/F and 35/F. The other males escaped. M
The Defendant struggled vehemently and grabbed the chest of one officer
N N
with his hand, causing redness at his chest and damaging his police
O uniform (Count 4). Upon being searched, a re-sealable plastic bag O
containing the dangerous drugs the subject matter of count 3 was found
P P
inside the Defendant’s underpants. The Defendant was thus arrested and
Q cautioned for counts 3 and 4. The dangerous drugs was found to be 9.97 Q
grammes of a powder containing 7.75 grammes of ketamine, with an
R R
estimated street value of HK$1,186. Counts 3 and 4 were committed
S shortly after he was granted bail from the High Court in respect of counts 1 S
and 2.
T T
U U
V V
由此
- 4 -
A A
B B
4. The Defendant is now aged 20 years. He had 2 previous
C convictions, one for robbery in 2005 when he was sentenced to the C
Detention Centre and one for theft in 2007 when he was sentenced to the
D D
Training Centre. In view of his age and at the request of Defence Counsel,
E I adjourned sentence until today, calling for reports – Background, E
Training Centre and Drug Addiction Treatment Centre Reports. Counsel
F F
reserved mitigation.
G G
5. Those reports are now before me and I have duly considered
H H
the contents therein. I have also borne in mind all that has been urged upon
I me in mitigation by Counsel on his behalf. His background is set out in I
great detail in the reports before me and I do not intend to rehearse the
J J
contents herein. Suffice to say that he is the youngest of three children and
K he lives with his family. His behaviour in primary school indicated K
symptoms of ‘attention deficiency hyperactive disorder’ and his
L L
misbehaviour included bullying, tantrums, speaking foul language,
M vandalism, bringing beers to school, dishonesty and truancy. He left M
school after Primary 6 in 2005. Soon after leaving school, he was
N N
convicted of robbery and sentenced to the Detention Centre when he was
O 14 years old. He continued to mingle with undesirable peers upon O
discharge from the Detention Centre. Because of his hyperactive nature
P P
and short temper, he was unable to keep a job. He became involved with
Q his former triad peers in his neighbourhood, and for an offence of theft was Q
sentenced to the Training Centre in March 2007. Even after his discharge,
R R
his behaviour was unsatisfactory and he was recalled to the Training
S Centre in November 2009. He was released for the second time in S
February 2010, and introduced to work as an apprentice chef. He quit the
T T
job in May 2010. His father arranged for the Defendant to work with his
U U
V V
由此
- 5 -
A A
B B
cousin in China at an aquaculture farm. He returned to Hong Kong in July
C 2010 to report to the Training Centre. Aftercare Officer as scheduled, and C
immediately mixed with his undesirable peers and committed the present
D D
offences soon after. When interviewed by the probation officer for the
E Background Report, the Defendant admitted his habit of sniffing ketamine E
under peer influence after his return to Hong Kong. The officer who
F F
interviewed him to prepare the DATC Report described the Defendant as
G unco-operative and evasive in disclosing his drug taking behaviour. He G
said the Defendant claimed he started sniffing ketamine in 2006 under the
H H
influence of his drug-taking peers, and thereafter consumed ketamine
I almost daily – he had also tried ecstasy, cocaine and ice, and claimed he I
was provided the drugs free of charge. His last dose of dangerous drugs
J J
was in mid-August, 2010, which would be just before his arrest and
K detention in the present matter. The officer opined that the Defendant did K
not show any remorse or reflection into his delinquent behaviour. He said
L L
the Defendant claimed he had already been in custody for some 7 months,
M as he has been remanded since his arrest in mid-August 2010, and sought a M
sentence of imprisonment. I have been told by Defence Counsel today that
N N
the Defendant now thinks that the DATC would be an appropriate sentence
O to help him deal with his drug addiction. The officer also opined that the O
Defendant displayed no determination to lead a decent life. The officer
P P
held the view that the Defendant may stand a chance of success in turning
Q over a new leaf if given due and adequate social intervention, and Q
recommended that a compulsory drug addiction treatment programme
R R
coupled with statutory supervision would be appropriate for his
S rehabilitation and recommended his admission to the DATC. The S
Defendant has been examined by a medical officer who has opined that the
T T
Defendant is a drug dependant and he is considered suitable for admission
U U
V V
由此
- 6 -
A A
B B
to the DATC. He has never been to the DATC before – these are his first
C drug related offences. C
D D
6. For young offenders such as the Defendant, rehabilitation is
E an important consideration. Clearly his addiction is one of the main causes E
of his problems, and treatment for this is of paramount importance. That
F F
can best be provided through the DATC programme. In my view, that is
G the most appropriate sentence in the circumstances. In respect of each of G
the charges of which he has been convicted, the Defendant is sentenced to
H H
the Drug Addiction Treatment Centre, the orders to be concurrent, with
I conviction to be recorded. I note that he has a family that is concerned I
about him and his welfare, and their support will certainly help him in the
J J
months to come as he deals with his addiction problem.
K K
L L
Bina Chainrai
M M
Deputy District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
V V