Lo Kwong Hung v. The Queen

CACC000331/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 331 OF 1971

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Coram: Huggins, J.

Date of Judgment: 14th July, 1971.

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JUDGMENT

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1. This is an appeal against a sentence of detention in a Training Centre for unlawful possession of dangerous drugs.

2. The Appellant, a man of 20 years of age, was found in the street in possession of one packet containing salts of esters of morphine. Before the learned Magistrate he pleaded guilty saying: "It was found on me. I bought it for someone." The Appellant had no previous criminal record and the learned Magistrate said that he had hoped this was a case where probation might be imposed. However, he obtained a Probation Officer's report, which was clearly most unfavourable: the Appellant was most uncooperative, showed no remorse and had an unfortunate family background. He admitted to being a member of what is described as the "14", which I take it is the "14K" Triad Society.

3. The Appellant was examined by a Medical Officer and was found not to be drug dependant. His father apparently washed his hands of the Appellant and pressed for a severe sentence and, as the Magistrate obviously had, I have some sympathy with the Appellant in his family circumstances. The Magistrate took the view that the Appellant, for his own good, needed strong discipline and removal from his present associates. But for his connection with the Triad Society I might nevertheless have been disposed to take a rather more lenient view but in all the circumstances of the case I do not think that I can interfere. If the Appellant behaves himself, he will be released after a comparatively short period in the Training Centre and it will then be up to him whether he keeps out of trouble in the future.

14th July, 1971.

Representation: