Li Chi-kit v. The Queen

CACC000541/1977

Coram: Briggs, C.J.

Date of Judgment: 11th June, 1977.

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JUDGMENT

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1. The appellant pleaded guilty to two charges (1) possession of dangerous drugs for the purpose of unlawful trafficking, and (2) possession of instruments fit and intended for the smoking of dangerous drugs. He was sentenced to eighteen months' imprisonment on the first charge and three months' imprisonment on the second charge, the sentences to be concurrent.

2. The facts are simple. On the 14th March, 1977 the appellant was searched and was found to be carrying a plastic bag full of opium dross and a jar of opium water. The appellant was arrested and taken to his flat, inside of which was found a large quantity of objects which may be fairly stated to be fit and intended for the smoking of opium.

3. The appellant is aged 33 years and although he has a record, that record is not concerned with offences under the Dangerous Drugs Ordinance. The appellant was in possession of some 73 grammes of opium and also of a quantity of opium dross. It has always been the policy in Hong Kong to differentiate between persons who are found in possession of upium and persons who are found to be in possession of heroin or some other hard drug, the former being treated in a more lenient manner than the latter. The usual sentence for a case such as the present case is a sentence of between nine months and twelve months' imprisonment.

4. In my view, the sentence of eighteen months' imprisonment, always remembering that the offence concerns opium and not heroin, is excessive. The appeal against sentence will be allowed to the extent that the sentence on the first charge will be reduced from one of eighteen months' imprisonment to one of twelve months' and the sentence on the second charge will remain. The sentences are to be concurrent.

Representation:

Appellant in person.

Stoppa for crown.