A A
B B
DCCC 406/2023
C [2024] HKDC 1842 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 406 OF 2023
F F
G -------------------------------------- G
HKSAR
H H
v
I CHAN YUEN YAM I
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J J
K Before: Deputy District Judge M Chow in Court (Open to Public) K
Date: 23 October 2024
L L
Present: Mr Tsui Shiu Wah, Raymond, Counsel-on-fiat, for
M HKSAR/Director of Public Prosecutions M
Ms Mandy L. M. Wong, instructed by Yip, Tse & Tang,
N N
assigned by the Director of Legal Aid, for the defendant
O Offence: Trafficking in a dangerous drug（販運危險藥物） O
P P
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Q REASONS FOR SENTENCE Q
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R R
S S
T T
U U
V V
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A A
B B
1. The D pleaded guilty to a charge of trafficking in a dangerous
C drug, namely 11.61 grammes of a solid containing 8.67 grammes of C
cocaine.
D D
E 2. At about 0252 hours on 12 August 2022, police intercepted E
the D outside Yok Yu House in Choi Wan Estate. He was seen putting his
F F
right hand into his right front trousers pocket and then he threw away one
G transparent resealable plastic bag onto the ground. G
H H
3. The bag was found containing 82 small transparent reseabable
I plastic bags, which contained the dangerous drugs in the present case. I
J J
4. Under caution, the D said that the drugs were for his self-
K consumption. K
L L
5. The D had 2 mobile phones and cash of $2,951 on him.
M M
6. The estimated street value of the drugs was around $18,000.
N N
O Mitigation O
P P
7. The D has a clear record. He is now 18 years old. He lives
Q with his family in Choi Hung Estate where he was arrested. Q
R R
8. He used to work as a part-time worker with a daily wage of
S $600. He lost his job in May 2024. S
T T
U U
V V
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A A
B B
9. He committed the present offence to earn quick money as he
C started to take cocaine 2 months prior to his arrest. C
D D
10. The D has plans in the future after serving the sentence. He
E plans to take up evening courses in order to meet the minimum application E
requirement to apply for courses in the Vocational Training Council.
F F
G Sentence G
H H
11. According to the case of HKSAR v Lau Tak Ming and others
I [1990] 1 HKLRD 370 and AG v Rojas [1994] 1 HKC 342 (heroin tariffs I
applicable to cocaine), for a narcotic content of 8.67 grammes of cocaine,
J J
it attracts a sentence of 4 years 7 months (55 months).
K K
12. The D is entitled to 1/3 discount, that comes down to 36
L L
months and 18 days.
M M
13. The Defence accepted that trafficking in dangerous drugs is
N N
an excepted offence and I am not obliged to call for pre-sentencing report.
O s.109A of the Criminal Procedure Ordinance Cap 221 refers. O
P P
14. Nonetheless, The defence urged this court to consider a
Q Training Centre report before sentencing on the rationale that:- Q
R R
(1) The starting point is 55 months.
S S
(2) After 1/3 discount, it arrives at 36.8 months.
T T
U U
V V
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A A
B B
(3) Further 1/3 deduction imposed by the CSD for good
C behavior and etc. C
D D
(4) The ultimate time spend in custody is around 25
E months. E
F F
(5) While the Training Centre detention is a maximum of
G 3 years and follows by a statutory supervision order for G
3 years.
H H
I 15. According to s.4(2) of the Training Centre Ordinance, the I
period of detention should not extend beyond 3 years, provided that the D
J J
is not to be released before the expiration of 6 months.
K K
16. That means the D can be released after 6 months detention.
L L
M 17. In the present case, the sentence after 1/3 discount is 36 M
months and 18 days.
N N
O 18. As said, in the case of Secretary for Justice v Chau Tze Tim O
and Others [2015] 2 HKC, the Court of Appeal said that :-
P P
Q “Young age was often a mitigating factor, particularly in trivial Q
offence … however, the court was dealing with serious drug
trafficking offences and the public interest required that
R R
deterrence of other potential offenders must take precedence
over the rehabilitation of the particular offender before it. While
S a Training Centre Order was not a soft option, it did not possess S
the qualities needed for a deterrent sentence and could be so
described by traffickers to entice youngsters to take part.”
T T
U U
V V
-5-
A A
B “… Training Centre Orders for serious drug trafficking cases B
were only imposed in “very rare cases when there were
C exceptional circumstances” (para 35) C
D D
19. In the present case:-
E E
(a) it was not a trivial offence, in fact it is a very serious
F F
offence;
G G
(b) there is no exceptional circumstances in mitigation to
H H
warrant a consideration of Training Centre order;
I I
J
(c) the D was 16 years old at the time of the offence, he J
could not be considered as extreme youth.
K K
L 20. With all these information in mind, I refuse to consider a L
Training Centre report as the Training Centre order is clearly an
M M
inappropriate sentence for such a serious offence and it will send a wrong
N message to the public. N
O O
21. To this end, the D is sentence to a period of 36 months and 18
P days. P
Q Q
R ( M Chow ) R
Deputy District Judge
S S
T T
U U
V V