Black Money Rolling In
Lung, aged 20, frequently went to nightclubs on the Mainland to have fun and to take drugs. He gained the trust of a drug dealer and was allowed to take some drugs back to Hong Kong for sale. Lung invited friends to his home for drug parties.
Lung also took some extra cash from an ATM machine. He thought he was enjoying good luck, but is that the case?
The Cough Syrup Driver
Dragon, a 17 years old boy, has a habit of consuming cough medicine with his friends. They even drove someone else’s car for excitement…
The “Gift” Credit Card
Jaycee and his friend, Hayden, found a lost wallet. They thought it was an opportune gift, but instead, the wallet is leading them into trouble.
The Principal’s Thieves
Fai and Ming came to know that the school stored expensive lost property and confiscated items in the Principal’s Office. They decided to sneak into the Principal’s Office…
Spending with $0
Yin wanted to buy his girlfriend a birthday present. But he hasn’t got any money. His friends decided to offer him a “helping hand”.
Yin and his friends also went to a restaurant to “celebrate” their success in getting the present. But how can they settle the bill when they have got no money?
Ho Ming, a Form 4 student, wanted to earn quick money. He decided to become a drug dealer at school. What problems and tragedies will he create?
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What crime has Ho Ming committed and what penalty he may face? If Ho Ming is under the age of 16, would there be any difference regarding the charge and penalty he may face?
Ho Ming has supplied drugs to Siu Yuk and this is trafficking in dangerous drugs contrary to Section 4 of the Dangerous Drugs Ordinance (Chapter 134). It makes no difference that Siu Yuk did not know what was inside the package, Ho Ming has supplied Siu Yuk with drugs. Ho Ming could receive a prison sentence, the length of sentence depending upon the nature and amount of the drug supplied to Siu Yuk.
If Ho Ming is under 16 years of age the charge would still be trafficking. When sentencing the court could take account of Ho Ming’s age and consider, if he is over 14 years of age, making a Training Centre Order, a Detention Centre Order or a Rehabilitation Centre Order. The court would have to obtain reports as to Ho Ming’s suitability for those sentences. Ho Ming’s drug background would be a relevant consideration for a Detention Centre, a Training Centre or a Rehabilitation Centre Order. His drug background might well make him unsuitable for either of those orders, even if he is under 16 years of age.
Again depending upon Ho Ming’s suitability, a Drug Addiction Treatment Centre Order might be considered. An offender under the age of 16 can be sentenced to imprisonment if the offence and the nature of the offender mean that no other sentence is appropriate. For more details regarding different sentencing options for young offenders, please click here.
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Has Siu Yuk violated any law and why? What if she knew it was dangerous drugs inside the package, would the situation be different?
If Siu Yuk did not know the package contained dangerous drugs she would not commit any offence. Siu Yuk is being used by Ho Ming. She is an innocent agent.
If Siu Yuk knew the package contained dangerous drugs and gave them to Chee, Siu Yuk would have trafficked in dangerous drugs. As a fact there is the supply of drugs to Chee. That Siu Yuk gave the package to the wrong person does not alter the fact of supply of drugs to another person, which is trafficking.
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If Siu Yuk was only 12 years old, would the situation be different?
If Siu Yuk was only 12 years old, the prosecution would have to rebut the presumption of “doli incapax” (incapable of evil). Though Siu Yuk is of the age of criminal responsibility (which is 10 years old and above), she is under the age of 14. Hence the prosecution would have to prove not only that Siu Yuk knew the package contained dangerous drugs but that supplying the drugs to Chee was seriously wrong as opposed to simply naughty.
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Has Chi Ho committed any crime and why?
Section 8 of the Dangerous Drugs Ordinance (Chapter 134) makes it an offence to possess, smoke, inhale, ingest or inject dangerous drugs. Chi Ho has consumed dangerous drugs. The requirements of Section 8 of the Dangerous Drugs Ordinance (Chapter 134) are satisfied.
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Can the school order Chi Ho to undergo a drug test without Chi Ho’s consent?
No, the school cannot order Chi Ho to undergo a drug test unless he consents. Unless an Ordinance places a positive obligation upon a person suspected of a criminal offence to supply a sample for analysis or to undergo a test, there can be no compulsion to do so. This is an example of the common law principle that a person is not required to incriminate himself or herself.