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DCCC 138/2018
[2018] HKDC 1128
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 138 OF 2018
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HKSAR
F v F
CHAN CHIN KAI, PHILIP
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H H
Before: HH Judge Dufton
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Date: 10 September 2018 I
Present: Ms Helen Chan, solicitor on fiat, for HKSAR
Mr Stephen T.O. Ma instructed by C.F. Lee & Co,
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for the defendant
Offences: (1) Possession of a dangerous drug
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(管有危險藥物)
(2) Resisting a police officer in execution of duty
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(抗拒執行職責的警務人員)
M REASONS FOR SENTENCE M
N 1. The defendant pleads guilty to one charge of possession of N
26.6 grammes of a crystalline solid containing 22.4 grammes of ketamine,
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contrary to section 8 of the Dangerous Drugs Ordinance and one charge
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of resisting a police officer in the execution of his duty, contrary to
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section 63 of the Police Force Ordinance2. Q
R 2. Full particulars of the offences are set out in the facts R
admitted by the defendant on 27 August 2018. In summary at around
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T 1 T
Cap 134.
2
Cap 232.
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0559 hours on 22 October last year uniform police officers were
C patrolling on Cameron Road near the junction of Chatham Road South in C
Tsim Sha Tsui when they saw the defendant leaving No. 26 Cameron
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Road. The defendant was walking in the direction of the police officers
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when he suddenly turned round and walked away at quick pace. E
F 3. After a short chase the police intercepted the defendant. The F
defendant was shivering and touching the left front pocket of his trousers.
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PC 17098 therefore requested to conduct a body search. The defendant
H asked for a chance and tried to escape when PC 17098 started to conduct H
the search.
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J 4. PC 17098 grabbed the defendant’s left arm while PC 19785 J
and PC 15110 assisted to help press the defendant on the ground. The
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defendant kept on struggling as a result of which PC 19785 received a
L small abrasion and laceration on his left forearm3. L
M 5. PC 17098 then conducted the body search. Inside the left M
front pocket of the defendant’s trousers PC 17098 found two pieces of
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tissue paper, each wrapping a transparent re-sealable plastic bag
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containing the ketamine.
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6. Under caution the defendant admitted that the two bags of
Q ketamine were for his own consumption. Q
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The charge of resisting a police officer relates to PC 17098 who requested to conduct a body
search and not the police officer injured.
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Mitigation
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7. In passing sentence, I have carefully considered everything
D said on behalf of the defendant by Mr Ma, together with the mitigation D
letters written by the defendant’s parents. I take into account the
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defendant is only 24 and has no prior drug convictions.
F F
DATC report
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8. By virtue of section 54A of the Dangerous Drugs Ordinance
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no sentence of imprisonment may be imposed for the offence of
I possession of a dangerous drug without first considering the suitability I
for cure and rehabilitation.
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K 9. The report reveals that owing to curiosity, weak will-power K
and repeated inducement from drug addicted friends, the defendant
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started to take ketamine in June 2016. The defendant said he took
M ketamine twice a week and spent about $500 on drug consumption each M
time.
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10. In February this year the defendant started taking cocaine O
three times a week, spending about $1,200 on each occasion. The
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defendant said he last took cocaine on 24 August 2018 4. This is very
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different to what Mr Ma told the court in mitigation on 27 August 2018 Q
that the defendant only casually used drugs.
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11. The Assessment Officer states that the defendant appeared to
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be cooperative in revealing his drug addiction but lacked determination to
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On 24 August the defendant failed to attend court. A warrant for his arrest was issued. The
defendant surrendered to the police the same day and appeared in court on 27 August.
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abstain from taking drugs. The defendant was reluctant to receive
C compulsory drug abstinence treatment in a Drug Addiction Treatment C
Centre and showed no sense of remorse and lacked insight into his
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problems. Mr Ma tells the court that the defendant is remorseful. This is
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also expressed in the letter from the parents. E
F 12. The Medical Officer is of the opinion the defendant is a drug F
dependant and considered suitable for admission to a Drug Addiction
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Treatment Centre. The Assessment Officer is of the view that
H considering the defendant’s rehabilitative needs a period of compulsory H
treatment coupled with intensive statutory supervision would definitely
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be beneficial to him. Mr Ma asks that I follow this recommendation.
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13. Taking into account the circumstances of the case and having
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regard to the defendant’s character and previous conduct, I am satisfied
L that it is in the defendant’s interest and the public interest that the L
defendant should undergo a period of cure and rehabilitation in an
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addiction treatment centre. The defendant is convicted and sentenced to
N detention in a Drug Addiction Treatment Centre. The conviction is N
recorded.
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Resisting a police officer in the execution of his duty P
Q 14. Those who resist police officers in an attempt to evade arrest Q
can expect to receive a short prison sentence. The defendant having been
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sentenced to detention in a Drug Addiction Treatment Centre for
S possession of drugs, a short prison sentence is not appropriate. In the S
circumstances a concurrent sentence of detention in a Drug Addiction
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Treatment Centre is appropriate.
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A A
B B
15. The defendant is convicted and sentenced to detention in a
C Drug Addiction Treatment Centre. The conviction is recorded. C
D D
(D. J. DUFTON)
E District Judge E
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