HKSAR v. Tong Kwong Hung

Read the full judgment text of HCMA 242/1998 on BabelCite. This High Court CFI judgment was delivered on 29 April 1998.

1. The Appellant pleaded guilty to possession of dangerous drug, namely 0.28 grammes of heroin hydrochloride. The Magistrate imposed a sentence of nine months' imprisonment and also activated a previous suspended sentence which was not being appealed against.

Case No.HCMA 242/1998
Court
High Court CFI
Date29 Apr 1998
Judge
Case Document
100%Judiciary

HCMA000242/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 242 OF 1998

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BETWEEN
HKSAR Respondent
AND
TONG Kwong-hung Appellant

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Coram : Hon Mr Justice Cheung in Court

Date of hearing : 29 April 1998

Date of delivery of judgment : 29 April 1998

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J U D G M E N T

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1. The Appellant pleaded guilty to possession of dangerous drug, namely 0.28 grammes of heroin hydrochloride. The Magistrate imposed a sentence of nine months' imprisonment and also activated a previous suspended sentence which was not being appealed against.

2. The Magistrate adopted a 12 months starting point, reducing it by one quarter for the guilty plea. The Appellant had 43 previous convictions, 16 of which were drugs related. The starting point of 12 months imprisonment is in accordance with the tariff. The Magistrate is correct not to give the usual one-third discount. Nine months' imprisonment is appropriate and the appeal is dismissed.

Representation:

Mr Cheung Wai Sun, Deputy Principal Government Counsel, for Director of Public Prosecutions

Appellant in person

(P. Cheung)
Judge of the Court of First Instance,
High Court