Li Yan Wing v. The Queen

CACC000509/1970

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 509 OF 1970

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Coram: Rigby, C.J.

Date of Judgment: 4 November 1970

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JUDGMENT

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1. The appellant pleaded guilty to two charges preferred against him of possession of a dangerous drug, to wit, two packets containing a mixture of salts of esters of morphine, and possession of equipment fit and intended for the injection of a dangerous drug, to wit, a syringe.

2. Startling though it may be, the prisoner at the material time was an inmate in Stanley Prison. It would appear that whilst the prisoners were in the dining hall a prison officer was suspicious of the appellant and searched him, and found the two packets of drugs and this syringe. The appellant at that time was serving a long term of imprisonment.

3. The learned magistrate very properly regarded possession of dangerous drugs by an inmate of the prison as a serious matter and he imposed a sentence of 18 months' imprisonment in respect of the first charge and 6 months' imprisonment in respect of the second charge; such sentences to run concurrently. I see no reason to disagree with those sentences, and the appeal is dismissed.

4. However, in imposing sentence, the learned magistrate said this:-

"Cases involving drugs in the Colony's prisons are increasing, and are causing concern to the authorities. In this instance, I felt that a deterrent sentence was necessary if the prevalence of the offence is to be arrested."

5. He then goes on to say, having imposed that sentence:-

"Nevertheless, I feel bound to recall that it is now becoming clear, from the cases being brought before the Court, that warders are sometimes involved in drug-taking by prisoners in the Colony's prisons. In the present case it is difficult to believe that without the connivance of some member of the prison staff a set of syringes could be carried about by the defendant in his trousers pocket."

6. I would respectfully associate myself with the remarks made by the learned magistrate. In my view, the facts of this case call for the very fullest investigation. I direct that a copy of this judgment be sent to the Attorney General and to the Commissioner of Prisons.

Representation:

Appellant in person.

Stratton, D.P.P. for Crown/Respondent.

Judgment delivered.