Wong Chun-lung v. The Queen

CACC000907/1982

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO 907 OF 1982

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Between

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Coram: Penlington, J. in Court

Date: 1 October 1982

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JUDGMENT

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1. The Appellant pleaded guilty on the 3rd of August 1982 to injecting a dangerous drug and being in possession of equipment intended for the injection of a dangerous drug. It is not in dispute that the Appellant is a drug addict and has been for some considerable time. He has six previous convictions and has been to a Drug Addiction Treatment Centre on no less than four occasions. A report obtained from the Treatment Centre said that he was considered unsuitable for admission for further treatment as it would be a waste of time. Unfortunately, that statement is probably correct. The magistrate decided that what was required was a period of detention in a drug free atmosphere and a suspended sentence after that as an aid to the rehabilitation of the Appellant. He therefore imposed a sentence of two years' imprisonment, the second year to be suspended.

2. Unfortunately there is no provision in the law of Hong Kong enabling the magistrate to pass the sentence he did. A sentence here may be suspended in total or not at all. I understand there is power in the United Kingdom to pass such a sentence and it may well be that such a provision would be useful in Hong Kong. However, at the moment, it does not exist and the sentence therefore, as it stands, must be quashed.

3. The Appellant said that he intended to submit himself for voluntary treatment and was very anxious to be cured of his addiction so that he can return home to look after his wife and the young family. I am afraid that from his record the chances of that happening are not good but it seems to me that there were only two alternatives, one to impose a substantial sentence of imprisonment and the other to give the Appellant one final chance to either cure himself of the addiction or at in the rate to go onto a methadone maintenance programme so that he could keep a job and support his family.

4. The Appellant is therefore sentenced to two years' imprisonment which will be suspended for two years on condition that he seeks voluntary treatment for his addiction or goes onto a methadone maintenance programme.

Representation:

Mr.K.Oderberg C.C. for the Crown

Appellant in person