A A
DCCC892/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 892 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Lung Ming-wa
F F
----------------------
G G
Before: Deputy District Judge Joseph To
Date: 10 October 2011 at 2.33 pm
H Present: Mr William Siu, SPP(Ag.) of the Department of Justice, H
for HKSAR
Mr Cham Yiu-keung, of Cham & Co., for the Defendant
I I
Offence: Trafficking in a dangerous drug (販運危險藥物)
J --------------------- J
Reasons for Sentence
K K
---------------------
L L
1. The defendant has pleaded guilty to one charge of
M M
trafficking in a dangerous drug, laid against him under section
4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.
N N
O Facts O
2. The facts to which he agrees are as follows.
P P
3. On the afternoon of 5 July 2011, two police officers
Q saw the defendant behave in a furtive manner outside a public Q
housing estate in Kwai Chung. They intercepted him for enquiry
R R
and found in his possession four packets containing what was
later confirmed to be 43.75 grammes of a powder with 34.8
S S
grammes of ketamine in it. The defendant told the officers that
T he had the drugs for consumption. T
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V V
A A
Conviction
4. By entering a plea of guilty to the charge, the
B B
defendant admits possessing the ketamine for purposes of dealing
C with it unlawfully rather than consuming it himself. The court C
finds the defendant guilty as charged.
D D
5. The defendant has had a clear record prior to his
E E
current conviction.
F F
Pre-sentence Reports
G 6. The court has in view of the defendant’s age, G
commissioned a Probation Report and a Training Centre
H Suitability Report, contents of which are as follows. H
I I
7. The defendant, the only child of the family, was born
on the Mainland in 1992. During his childhood, he was taken care
J J
of by his paternal grandparents. When the defendant was 12 years
K
old, his father passed away. The family lived in dire poverty. K
8. The defendant’s mother joined her sister in Hong Kong,
L L
and visited the defendant on the Mainland once every three to
M six months. In 2007, by which time he had almost completed his M
junior high school studies, the defendant reunited with his
N mother in Hong Kong. N
O O
9. Upon arrival, he was arranged to repeat Form 1 and
Form 2 studies. He could manage the Form 1 curriculum, but fell
P P
behind when promoted to Form 2, for he frequented cyber cafés
Q and indulged himself in computer games. He made the acquaintance Q
of undesirable characters with triad connection. That year, he
R played truant, was late for school, and slept in class R
regularly.
S S
10. To break his unruly lifestyle, his mother sent him to
T Guangzhou and had him enrolled in a cookery course. He returned T
to Hong Kong in March 2011 without finishing the course.
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CRT27/10.10.2011/AL/lt 2 DCCC892/2011/Sentence
V V
A A
11. He then worked as a kitchen assistant in Hong Kong,
but quit that job after a short while. In July this year, he
B B
came to know a person called Ah Yiu who asked him to deliver
C dangerous drugs for a reward. The defendant resisted in the C
beginning, but having no money, he succumbed to the temptation
D and agreed to Ah Yiu’s suggestion, and hence the commission of D
this offence.
E E
12. The rehabilitation officer recommends a Training
F F
Centre Order for the defendant.
G G
Mitigation
H 13. In mitigation, the defence puts forward the following H
matters for the court’s consideration.
I I
14. The defendant is still young, and has had a clear
J J
record. He accepts criminal responsibility and pleads guilty to
K
the charge as an expression of remorse. K
L 15. The pre-sentence reports have detailed the defendant’s L
background and reason for committing this offence.
M M
16. The court is urged to adopt the recommendation of a
N Training Centre Order. N
O O
Discussion
17. Drug abuse plagues the society. It ruins families and
P P
breeds crimes, ad hoc and organised. It wrecks a person’s life,
Q sometimes beyond hope and repair. Q
R 18. Even those who have successfully fought and overcome R
their addiction, their personalities and emotional make-up are
S S
in most cases marred for life; employment opportunities for them
are very often limited; and prospects of their reintegration
T T
into the society are grim.
U U
CRT27/10.10.2011/AL/lt 3 DCCC892/2011/Sentence
V V
A A
19. What often awaits drug addicts and ex-drug addicts is
extreme poverty over sustained periods and a life without self-
B B
esteem. The society suffers immeasurably as a result.
C C
20. Drug traffickers are responsible for the spread of
D this vice habit. The duty is upon the court to play its part in D
the fight against drug trade, to see to it that no one would be
E E
in any doubt that the society does not tolerate criminal
conducts involving drug deals.
F F
G 21. The particular dangerous drug with which the court is G
concerned is ketamine, a psychotropic substance often used by
H drug abusers in conjunction with alcohol or other dangerous H
drugs. It is well-known for its hallucinogenic effect.
I I
22. The abuse of ketamine causes impairment of the
J cognitive function, in worse cases, making the abusers liable to J
drown, to fall from height, and to cause car accidents.
K K
23. There is a correlation, medical experts have
L L
established, between ketamine and kidney dysfunction and
M shrunken bladder effect. Sociologists have opined that among M
places where ketamine was abused, Hong Kong appeared to be
N worse, and that ketamine hit our younger generation, N
particularly those under 21. Academics have pointed out that
O O
ketamine caused amnesia and could be used to facilitate sexual
assaults by hampering the victim’s memory of what happened.
P P
24. The abuse of ketamine has in recent years become
Q Q
rampant in Hong Kong.
R R
25. In view of these factors, the Court of Appeal has laid
S down a sentence guideline for trafficking in ketamine. For the S
amount of ketamine the defendant was found to have trafficked
T in, the normal sentence range is one of four to six years’ T
imprisonment.
U U
CRT27/10.10.2011/AL/lt 4 DCCC892/2011/Sentence
V V
A A
26. The defendant has had a clear record before his
current conviction and is a young person of 19. He has pleaded
B B
guilty to the charge as an expression of remorse. There is an
C international norm in that a prison sentence should be imposed C
on a young person only as a last resort. Hong Kong adheres to
D this international standard (see section 109A of the Criminal D
Procedure Ordinance, Cap.220).
E E
27. The court agrees that every favourable consideration
F F
should be given to the rehabilitation of the defendant, who has
G had hitherto an unblemished character and who is remorseful for G
his wrongdoings.
H H
28. The court is of the view that the Training Centre can
I provide the defendant with an opportunity to acquire some useful I
skills to enhance his employment opportunity, and that the
J defendant’s conduct can be closely monitored during the J
supervision period. This, it is hoped, would improve his chances
K K
of a successful integration into and of becoming a useful member
of the society.
L L
M Conclusion M
29. It is the court’s view that the defendant’s case can
N be suitably dealt with by the way of a Training Centre Order. N
O Order O
30. The defendant is sentenced to detention at the
P Training Centre. P
Q Q
R R
(Joseph To)
S Deputy District Judge S
T T
U U
CRT27/10.10.2011/AL/lt 5 DCCC892/2011/Sentence
V V
A A
DCCC892/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 892 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Lung Ming-wa
F F
----------------------
G G
Before: Deputy District Judge Joseph To
Date: 10 October 2011 at 2.33 pm
H Present: Mr William Siu, SPP(Ag.) of the Department of Justice, H
for HKSAR
Mr Cham Yiu-keung, of Cham & Co., for the Defendant
I I
Offence: Trafficking in a dangerous drug (販運危險藥物)
J --------------------- J
Reasons for Sentence
K K
---------------------
L L
1. The defendant has pleaded guilty to one charge of
M M
trafficking in a dangerous drug, laid against him under section
4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134.
N N
O Facts O
2. The facts to which he agrees are as follows.
P P
3. On the afternoon of 5 July 2011, two police officers
Q saw the defendant behave in a furtive manner outside a public Q
housing estate in Kwai Chung. They intercepted him for enquiry
R R
and found in his possession four packets containing what was
later confirmed to be 43.75 grammes of a powder with 34.8
S S
grammes of ketamine in it. The defendant told the officers that
T he had the drugs for consumption. T
U U
CRT27/10.10.2011/AL/lt 1 DCCC892/2011/Sentence
V V
A A
Conviction
4. By entering a plea of guilty to the charge, the
B B
defendant admits possessing the ketamine for purposes of dealing
C with it unlawfully rather than consuming it himself. The court C
finds the defendant guilty as charged.
D D
5. The defendant has had a clear record prior to his
E E
current conviction.
F F
Pre-sentence Reports
G 6. The court has in view of the defendant’s age, G
commissioned a Probation Report and a Training Centre
H Suitability Report, contents of which are as follows. H
I I
7. The defendant, the only child of the family, was born
on the Mainland in 1992. During his childhood, he was taken care
J J
of by his paternal grandparents. When the defendant was 12 years
K
old, his father passed away. The family lived in dire poverty. K
8. The defendant’s mother joined her sister in Hong Kong,
L L
and visited the defendant on the Mainland once every three to
M six months. In 2007, by which time he had almost completed his M
junior high school studies, the defendant reunited with his
N mother in Hong Kong. N
O O
9. Upon arrival, he was arranged to repeat Form 1 and
Form 2 studies. He could manage the Form 1 curriculum, but fell
P P
behind when promoted to Form 2, for he frequented cyber cafés
Q and indulged himself in computer games. He made the acquaintance Q
of undesirable characters with triad connection. That year, he
R played truant, was late for school, and slept in class R
regularly.
S S
10. To break his unruly lifestyle, his mother sent him to
T Guangzhou and had him enrolled in a cookery course. He returned T
to Hong Kong in March 2011 without finishing the course.
U U
CRT27/10.10.2011/AL/lt 2 DCCC892/2011/Sentence
V V
A A
11. He then worked as a kitchen assistant in Hong Kong,
but quit that job after a short while. In July this year, he
B B
came to know a person called Ah Yiu who asked him to deliver
C dangerous drugs for a reward. The defendant resisted in the C
beginning, but having no money, he succumbed to the temptation
D and agreed to Ah Yiu’s suggestion, and hence the commission of D
this offence.
E E
12. The rehabilitation officer recommends a Training
F F
Centre Order for the defendant.
G G
Mitigation
H 13. In mitigation, the defence puts forward the following H
matters for the court’s consideration.
I I
14. The defendant is still young, and has had a clear
J J
record. He accepts criminal responsibility and pleads guilty to
K
the charge as an expression of remorse. K
L 15. The pre-sentence reports have detailed the defendant’s L
background and reason for committing this offence.
M M
16. The court is urged to adopt the recommendation of a
N Training Centre Order. N
O O
Discussion
17. Drug abuse plagues the society. It ruins families and
P P
breeds crimes, ad hoc and organised. It wrecks a person’s life,
Q sometimes beyond hope and repair. Q
R 18. Even those who have successfully fought and overcome R
their addiction, their personalities and emotional make-up are
S S
in most cases marred for life; employment opportunities for them
are very often limited; and prospects of their reintegration
T T
into the society are grim.
U U
CRT27/10.10.2011/AL/lt 3 DCCC892/2011/Sentence
V V
A A
19. What often awaits drug addicts and ex-drug addicts is
extreme poverty over sustained periods and a life without self-
B B
esteem. The society suffers immeasurably as a result.
C C
20. Drug traffickers are responsible for the spread of
D this vice habit. The duty is upon the court to play its part in D
the fight against drug trade, to see to it that no one would be
E E
in any doubt that the society does not tolerate criminal
conducts involving drug deals.
F F
G 21. The particular dangerous drug with which the court is G
concerned is ketamine, a psychotropic substance often used by
H drug abusers in conjunction with alcohol or other dangerous H
drugs. It is well-known for its hallucinogenic effect.
I I
22. The abuse of ketamine causes impairment of the
J cognitive function, in worse cases, making the abusers liable to J
drown, to fall from height, and to cause car accidents.
K K
23. There is a correlation, medical experts have
L L
established, between ketamine and kidney dysfunction and
M shrunken bladder effect. Sociologists have opined that among M
places where ketamine was abused, Hong Kong appeared to be
N worse, and that ketamine hit our younger generation, N
particularly those under 21. Academics have pointed out that
O O
ketamine caused amnesia and could be used to facilitate sexual
assaults by hampering the victim’s memory of what happened.
P P
24. The abuse of ketamine has in recent years become
Q Q
rampant in Hong Kong.
R R
25. In view of these factors, the Court of Appeal has laid
S down a sentence guideline for trafficking in ketamine. For the S
amount of ketamine the defendant was found to have trafficked
T in, the normal sentence range is one of four to six years’ T
imprisonment.
U U
CRT27/10.10.2011/AL/lt 4 DCCC892/2011/Sentence
V V
A A
26. The defendant has had a clear record before his
current conviction and is a young person of 19. He has pleaded
B B
guilty to the charge as an expression of remorse. There is an
C international norm in that a prison sentence should be imposed C
on a young person only as a last resort. Hong Kong adheres to
D this international standard (see section 109A of the Criminal D
Procedure Ordinance, Cap.220).
E E
27. The court agrees that every favourable consideration
F F
should be given to the rehabilitation of the defendant, who has
G had hitherto an unblemished character and who is remorseful for G
his wrongdoings.
H H
28. The court is of the view that the Training Centre can
I provide the defendant with an opportunity to acquire some useful I
skills to enhance his employment opportunity, and that the
J defendant’s conduct can be closely monitored during the J
supervision period. This, it is hoped, would improve his chances
K K
of a successful integration into and of becoming a useful member
of the society.
L L
M Conclusion M
29. It is the court’s view that the defendant’s case can
N be suitably dealt with by the way of a Training Centre Order. N
O Order O
30. The defendant is sentenced to detention at the
P Training Centre. P
Q Q
R R
(Joseph To)
S Deputy District Judge S
T T
U U
CRT27/10.10.2011/AL/lt 5 DCCC892/2011/Sentence
V V