HKSAR v. WAI KWOK KEUNG

HCMA 1117/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 1117 OF 1998

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J U D G M E N T

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1. This is an appeal against a sentence of detention in a Drug Addiction Treatment Centre imposed upon the appellant in the North Kowloon Magistracy in respect of an offence of Possession of Dangerous Drugs committed in June of last year.

2. The appeal first came before me on 6th January and I adjourned it until today because it was not clear to me what the appellant was in fact saying. He appeared to be saying that he was no longer at the DATC but was in prison and that he would prefer to stay there.

3. Since the 6th January the Commissioner of Correctional Services has helpfully clarified the position. It is this. The appellant was sentenced to a DATC on 3rd November 1998. (It is that sentence which he is appealing before me.) On 7th December he was convicted of a further offence relating to dangerous drugs apparently committed in October. In respect of that offence he was sentenced to a term of 9 months imprisonment.

4. Section 6A(a) of Chapter 244 makes it clear that if a person in respect of whom a DATC order is in force, is sentenced to imprisonment for a term of 9 months or less the detention order shall be suspended until the expiration of his term of imprisonment.

5. I enquired of the appellant this morning if he was intending to appeal against the prison sentence and he told me that he was not - that he was content with it. I explained to him the effect of section 6A(a) and invited him to address me further in respect of the DATC sentence and to tell me why, in his view, it was excessive or wrong in principle. He was unable to do so.

6. It follows that his appeal against sentence must be dismissed.