The Queen v. Chan Kam-wa

HCMA000838A/1988

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL No. 838 of 1988

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BETWEEN

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Coram: The Hon. Mr. Justice Barnes in Court

Date of Hearing: 27th October 1988

Date of Delivery of Judgment: 27th October 1988

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J U D G M E N T

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1. The Appellant appeared before me on the 6th October and as a result of submissions made to me then by his counsel, Mr. Lee, I quashed the original sentence and remanded him until today for he purpose of obtaining a probation report with special reference to his suitability for admission to a Sarda Center.

2. I now have the probation officer's report and it discloses that during the period of the remand, the Appellant has been regularly attending a methadone clinic and the probation officer is of the opinion that it is in his best interests that he continue to receive treatment there rather than be admitted to a Sarda Center.

3. The probation officer is of the opinion that he is suitable for open supervision and she feels that the guidance and counselling he will receive during that supervision would assist in his "leading a law abiding life in the future". I have decided to act on the recommendation.

4. I have explained the conditions of probation to the Appellant and I have particularly explained that the probation order will contain a condition that he must comply with all directions of the probation Officer regarding medical treatment and tests in connection with his drug addiction treatment.

5. The Applicant having consented to the making of a probation order for one year with those terms, I now formally make such an order.

Representation:

Mr. James Lee (D.L.A.) for Appellant.

Mr. Hartman, C.C. for Crown.