crime · HK01

Drug trafficking by minors still draws long jail terms

1 day ago2 MIN
Drug trafficking by minors still draws long jail terms

Summary

Hong Kong courts have repeatedly warned that young people involved in drug trafficking can still face lengthy prison terms, especially in serious ketamine cases. Current sentencing guidance places trafficking of more than 1 kilogram of ketamine at 14 years’ imprisonment or above, while the statutory maximum remains a HK$5 million fine and life imprisonment

Key Points

  • Under Court of Appeal guidance issued in 2008 in CAAR 7/2006, ketamine trafficking cases involving more than 1,000 grams attract sentences of 14 years or more
  • The same guidance states that cases involving 1 to 10 grams carry two to four years, while quantities above 10 grams face at least four years, rising with weight
  • Hong Kong law limits imprisonment for younger offenders: children under 10 bear no criminal liability, and those aged 10 to 13 cannot be jailed
  • For offenders aged 14 to 15, imprisonment should not be imposed if another suitable disposal exists; for those aged 16 to 20, jail should be used only if no better option is available
  • Alternative institutions include detention in training centres, detention centres, rehabilitation centres, probation homes and places of refuge, depending on age and sex

Why It Matters

The sentencing approach means age alone is unlikely to shield secondary-school suspects from custody in major trafficking cases, because courts also weigh punishment and deterrence alongside rehabilitation. Judges have said large sentence discounts for youth could encourage traffickers to recruit minors and mislead teenagers into thinking the consequences are limited

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