HKSAR v. CHIU WAI KEI

HCMA 253/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 253 OF 2003

(ON APPEAL FROM KTCC 7969/2002)

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J U D G M E N T

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1. This is an appeal against sentence. The appellant was fined $5,000 for the possession of a dangerous drug. The drug consisted of 0.66 grammes of a mixture containing heroin hydrochloride.

2. The defendant is a man aged 36 years. He had a clear record. He still claims that this is the only occasion he has ever bought any heroin and that he did so on the advice of friends because he could not sleep due to the illness of both his wife and mother and the worry that caused him. In those circumstances, the magistrate thought it right to fine him. He earns $4,900 per month. A fine of $5,000 was therefore within his means. With a generous instalment order, it would be paid off within a year.

3. The appellant today points out that he spent 49 days in custody, but he does agree that that was his own fault because he failed to attend for his trial when he should have done. There is nothing wrong with the sentence. Indeed, many people might think it was a lenient one.

4. The record before me shows that the order made below was that the fine be paid within four weeks. The appellant's understanding is different. Anyway he has told me about his present circumstances. His wife has become pregnant and he tells me about his budget in sufficient terms that will enable me to say that he will pay the balance of the fine owing, which is $4,000, at the rate of $500 per month.