HKSAR v. LEE KIT YING, KITTY

CACC 290/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 290 OF 2001

(ON APPEAL FROM DCCC 355 OF 2001)

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J U D G M E N T

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1. This is a sad case. The applicant who worked as a doctor's assistant on ten occasions signed forms which purportedly were signed by the doctor to obtain medication which contained dangerous drugs as defined in the Ordinance. She pleaded guilty to all the offences and was sentenced to 2 years' imprisonment.

2. Taking all the circumstances into account it cannot be said that the sentences which were imposed were in any way excessive. Indeed it might be said that they were unduly lenient. However having regard to the strong mitigating factors and the applicant's previous good character the Judge's mercy is entirely understandable. The application has to be refused and is refused.

3. One other matter I would mention to the applicant is that although leave has been refused she can still proceed with an appeal but if she does so she would stand the risk of an order being made that part of the time she served in custody will not count towards her sentence as it might be considered that the appeal was entirely unmeritorious.