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B B
DCCC 114/2014
C IN THE DISTRICT COURT OF THE C
HONG KONG SPECIAL ADMINISTRATIVE REGION
D CRIMINAL CASE NO. 114 OF 2014 D
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E HKSAR E
v
F F
CHENG CHUN LONG
G ____________ G
H
Before: HH Judge Dufton H
Date: 30 April 2014
I Present: Mr Simon Tso, SPP, of the Department of Justice, I
for HKSAR
J Mr Lam Kwok Man of Yip & Co J
assigned by the Director of Legal Aid, for the defendant
K Offence: Trafficking in a dangerous drug (販運危險藥物) K
L REASONS FOR SENTENCE L
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1. You have pleaded guilty to one charge of trafficking in
N 609.36 grammes of a powder containing 113.96 grammes of ketamine, N
contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.
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2. In summary in the evening of the 15 December last year the
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police intercepted you at the car park of Sha Chau Lei Village in Tin Shui
Q Wai. You were then taken to the 1/Floor of House No. 43 where you had Q
lived for one week. The police executed a search warrant and inside your
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room found two black plastic bags containing the ketamine, one plastic
S spoon and 86 zip-lock bags. Under caution and in a subsequent video S
interview you said you had no money therefore you collected the drugs
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which you divided into smaller packets for sale.
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3. I have carefully considered everything said on your behalf by
C Mr Lam, in particular that you were only 15 at the time of the offence C
having turned 16 whilst on remand. I have read the letter of mitigation
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written by your mother promising to provide you full support in your
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rehabilitation. I also take into account that you have no previous E
convictions for drug offences.
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4. In Secretary for Justice v Hii Siew Cheng [2008] 3 HKC 325
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the Court of Appeal laid down guidelines for trafficking in ketamine.
H Where the narcotic content is between 50 and 300 grammes sentence H
after trial falls within the range of 6-9 years imprisonment.
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J 5. Section 109A of the Criminal Procedure Ordinance, Chapter J
221 provides no court shall sentence a person of or over 16 and under 21
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years of age to imprisonment unless the court is of the opinion that no
L other method of dealing with such person is appropriate. Whilst this L
provision does not apply to trafficking in a dangerous drug, which is an
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excepted offence, a court must exercise great care before committing a
N young offender to prison. N
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6. I have therefore called for a background report from the
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probation service together with a training centre suitability report to P
provide me with further information about you, in particular as to your
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performance whilst on probation and whether or not you are a drug addict.
R I have carefully considered the content of the reports. R
S 7. The reports reveal that whilst studying in Form 1 you began S
to associate with dubious peers with triad background. This led to you
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becoming involved in illegal activity including gang fights. You first
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appeared in court in May 2012 for an offence of violence for which you
C were placed on probation. Your response to probation was poor and in C
July 2012 you appeared in court for breach of probation. You also
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appeared in court in September 2012 for another offence of violence
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when you were again placed on probation with a condition you reside in E
the Tuen Mun Children and Juvenile Home.
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8. Notwithstanding the residential training provided by the
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home you continued to associate with your delinquent peers. Under their
H influence you began taking cocaine in April 2013 since which time you H
have consumed cocaine at least two or three times per week and have
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resorted to drug trafficking to support your drug habit. Although the
J probation orders have both now expired the present offence was J
committed whilst you were still subject to the second probation order.
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L 9. I note from the background report you and your mother both L
beg for a chance to receive training in a Training Centre. I warned you
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that the appeal courts have made very clear that save in very rare cases a
N training centre order should not be imposed for trafficking in substantial N
quantities of dangerous drugs (see Secretary for Justice v Ko Fei Tat
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[2002] 4 HKC 59 and Secretary for Justice v Lau Shing Kit [2012] 5
P HKLRD 297). P
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10. By reason of your drug habit the medical officer has assessed
R you to be drug dependant and therefore not suitable for detention in a R
Training Centre. After very careful consideration I am satisfied that this
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is not one of those very rare cases where a training centre order would be
T appropriate. The fact you resorted to drug trafficking to support your T
addiction is also not a mitigating factor. Notwithstanding your young age
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and that you have spent over four months in custody I am satisfied there
C are no exceptional circumstances warranting departure from the C
guidelines.
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11. Although you are found to be a drug dependant Mr Lam has
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confirmed that all the drugs were for trafficking with none to be kept for
F your own consumption. On a purely mathematical approach a starting F
point of 6 years and 9 months imprisonment would be appropriate for
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113.96 grammes of ketamine. Balancing the fact that the offence was
H committed whilst you were on probation with the fact that you were only H
15 at the time of the offence and that you have no previous drug offences
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I am satisfied a starting point of 6 years imprisonment is appropriate.
J Giving you full credit for your plea of guilty you are convicted and J
sentenced to 4 years imprisonment.
K K
L 12. In view of the long sentence imposed and that the second L
probation order has now expired I propose to take no further action by
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reason of the commission of a further offence during the probation period
N (see section 6(6) of the Probation of Offenders Ordinance, Chapter 298). N
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P P
(D. J. DUFTON)
District Judge
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