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B DCCC 265/2014 B
C IN THE DISTRICT COURT OF THE C
HONG KONG SPECIAL ADMINISTRATIVE REGION
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CRIMINAL CASE NO. 265 OF 2014
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F F
HKSAR
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v
H WONG Ka-yee (D1) H
CHOW Hoi-tung (D2)
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____________
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Before : H.H. Judge G. Lam
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Date : 22 May 2014
Present : Mr. Wilson CHOI, PP, of the Department of Justice,
L for HKSAR. L
Mr. WONG Man Ming of M/s Ivan Tang & Co.,
M assigned by the Director of Legal Aid, for D1. M
Ms. CHAN Choi Ling of M/s Louis K.Y. Pau & Co.,
N assigned by the Director of Legal Aid, for D2. N
Offence : (1) Trafficking in a dangerous drug（販運危險藥物）
O (2) Possession of apparatus fit and intended for the O
inhalation of a dangerous drug（管有適合於及擬
P 用作吸服危險藥物的器具） P
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REASONS FOR SENTENCE
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D1 and D2 are jointly charged with an offence of "Trafficking
T in a dangerous drug" (Charge 1). D2 alone also faces a charge of T
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"Possession of apparatus fit and intended for the inhalation of a dangerous
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drug" (Charge 2). They pleaded guilty to the respective charges. The
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dangerous drug involved is ketamine.
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Summary of Facts
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2. About 2:15 a.m. on 15 December 2013, PC 59010 (PW3) and
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th
PC 9556 (PW4) intercepted D1 and D2 at the staircase near Room 4016, 40
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Floor, Sau Yue House, Sau Mau Ping Estate, Kowloon for enquiry.
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3. From the handbag carried by D1, PW3 found 3 plastic bags
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(later found to contain a total of 27.84 grammes of a powder containing
L 19.90 grammes of ketamine) and a plastic bag containing 72 resealable L
M plastic bags. M
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4. From the handbag carried by D2, PW4 found 8 plastic bags
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(later found to contain a total of 97.58 grammes of a powder containing
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70.13 grammes of ketamine); a glass tube with a bulb-shaped end which
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contained traces of a powder containing methamphetamine (Charge 2);
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another glass tube with a bulb-shaped end; 1 bulb-shaped glass bottle; 1
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plastic straw; and a plastic bag containing 59 resealable plastic bags.
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5. After the respective searches, D1 and D2 were cautioned. D1
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admitted that she and D2 went to the scene as D1 was instructed by a friend
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to pick up something and deliver it to Lam Tin. That friend of D1 promised
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a reward of $70 to be shared equally by D1 and D2. D2 admitted that she
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and D1 were instructed by a female to deliver the 8 packs of ketamine to
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Lam Tin for a reward of $35 per person.
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H 6. D1 and D2 were then arrested by PW3 and PW4 respectively H
I and cautioned again. D1 asked for a chance and claimed that she helped her I
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friend to deliver ketamine since D1 had no money. D2 said she had learned J
a lesson and would not do it again. She also admitted that she inhales "Ice"
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using the apparatus found in her handbag.
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7. In their respective video recorded interviews, D1 and D2 each
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gave a detailed account of how they committed the offence(s).
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Mitigation
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D1
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8. She is 17 and has a clear record. She resides with her family in S
a public housing unit. Her lawyer Mr. WONG informed me D1 left school
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at the age of 15 after completing F.2. She then assisted with housework and
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looked after her grandmother. In September 2013, she enrolled in a
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cosmetic and hair design course.
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9. In mitigation, Mr. WONG submitted that D1 foolishly agreed
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to help a friend in return of a reward of $35 only. She is now very
G remorseful. A bundle of mitigation letters was placed before me; their G
H contents are duly noted. H
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D2 J
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10. She is 15 and has a clear record. Her lawyer Ms. CHAN
L informed me that D2's parents were divorced when she was 6. She resided L
M with her father and sister, but did not get along well with her father. Her M
N mother was granted custody recently. D2 has reached F.2 only. N
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11. In mitigation, Ms. CHAN stressed that D2 has made frank
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admissions to the Police by revealing the source of the drug and address
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involved even though without fruitful results.
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12. In view of D2's young age 1 (under 16), sentencing was
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adjourned to obtain a Rehabilitation Centre/Training Centre Suitability
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Report. The Report is a favourable one; the officer considers D2 fit for
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detention in a Rehabilitation Centre or Training Centre.
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Sentence
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13. A clear message must be conveyed to the general public that
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"drug trafficking" is a serious crime and that drug traffickers would most
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certainly be punished by long-term imprisonment.
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14. Although D1 is under 21, by virtue of section 109A(1A) of the
L Criminal Procedure Ordinance (Cap.221), I need not obtain any L
M pre-sentencing report. Besides, the quantity of ketamine involved in this M
N case is far too serious to consider other sentencing options except an N
immediate prison term.
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1
I am aware of the requirements stipulated under section 3F(1) of the Juvenile Offenders Ordinance
(Cap.226). I take the view that it would be undesirable to remit D2's case to a juvenile court in order to
T avoid disparity in the sentences. Furthermore, D2's case is far too serious to be dealt with by the T
sentencing options which are only available to a juvenile court.
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15. The Court of Appeal has laid down clear sentencing guidelines
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for trafficking in ketamine (see SJ v HII Siew Cheng [2009] 1 HKLRD 1).
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For 50 to 300 grammes, the sentence ranges from 6 to 9 years' imprisonment.
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In the present case, the defendants trafficked in 90.03 grammes of ketamine.
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For that quantity, the appropriate starting point is 6.5 years.
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G 16. I will deal with D1 first. I adopt 6.5 years' imprisonment as the G
H starting point. A one-third discount is given for the guilty plea, reducing the H
I sentence to 52 months. In view of her young age (under 18), I will grant her I
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a further reduction of 4 months. D1 is sentenced to 4 years' imprisonment. J
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17. Regarding D2, I am aware of the sentencing tariffs. I have
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borne in mind the length of the prison term she is likely to receive had she
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been an adult. On the other hand, I cannot overlook her age and her need for
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rehabilitation. I have reminded myself that correctional institutions such as
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Training Centres exist for the benefit of young offenders. These institutions
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play an important role in our penal system.
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R 18. Although the officer considers Rehabilitation Centre more R
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suitable for D2, I consider that such an order does not adequately reflect the S
seriousness of Charge 1. I would not hide the fact that D2's age played a
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determining factor which spared her the punishment of immediate
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imprisonment. After careful consideration, I, with some reluctance, have
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decided to make a Training Centre Order, which will be the sentence for
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2
Charge 1 for D2. For Charge 2, I fine her $1,000 .
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(G. Lam)
I District Judge I
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2
I did not see the need to obtain a DATC Report since DATC would not be a viable option for D2.
However, by virtue of section 54A(1) of the Dangerous Drugs Ordinance (Cap.134), I cannot impose
T a custodial sentence for Charge 2 without first considering a DATC Report. The Training Centre T
Order for Charge 1 does not trigger the exception under section 54A(1A).
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