Kwok Chun Hung v. The Queen

CACC000097/1970

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 97 OF 1970

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Coram: Rigby, C.J.

Date of Judgment: 7 April 1970

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JUDGMENT

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1. The appellant is a young man aged twenty-two. He pleaded guilty to the charge preferred against him of smoking a dangerous drug.

2. Despite his youth, he has a quite deplorable record of offences, including not only possession of dangerous drugs but also crimes of dishonesty.

3. The learned Magistrate sentenced him to six months' imprisonment. I am quite unable to say that that sentence is either manifestly excessive or wrong in principle. However, I adjourned the case in order that I could ascertain whether or not the Prison Authorities would be prepared to accept him at the Tai Lam Addiction Treatment Centre, since he is an acknowledged drug addict. Indeed, he has already undergone one period of treatment at this Centre but it was apparently of no success in curing him of his addiction.

4. I now have the report before me from the Victoria Reception Centre saying that they are prepared to give him a second chance and to accept him again at the Tai Lam Addiction Treatment Centre.

5. In those circumstances, bearing in mind his youth, it seems to me that if there is any reasonable possibility that he may be cured of his addiction it is worth taking that chance. I propose, therefore, in the particular circumstances of this case, to allow this appeal and to set aside the sentence and in lieu thereof make an Order directing that he be sent to the Tai Lam Addiction Treatment Centre.

Representation:

Appellant in person.

Winter, C.C. for Crown/Respondent.