HKSAR v. CHEUNG TAM KUNG

HCMA648/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.648 OF 2002

(ON APPEAL FROM TWCC 1197 OF 2002)

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J U D G M E N T

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1. On of 14 June 2002, this appellant was sent to a drug addiction treatment centre in respect an offence of possession of a syringe which contained a mixture containing heroin. The magistrate called for a drug addiction treatment suitability report as she was required to. That report indicated that he was suitable for treatment there, and the magistrate took the view that was the right course to take.

2. The particular feature in this case is that the appellant is 65 years old, and that he also has a number of previous convictions for drug offences. It might be said that no useful purpose can be served in imposing such a sentence. His case has been looked at very carefully by those who deal with these matters and the recommendation was unequivocal. In all the circumstances, I do not think that this sentence can be faulted. Accordingly, the appeal be dismissed.