HKSAR v. CHAN PO CHUN

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 535
(Criminal)

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The Applicant pleaded guilty to two counts of trafficking in dangerous drugs. The total amount of dangerous drugs involved was approximately 15 grammes of heroin hydrochloride. She received a total sentence of 3½years' imprisonment. It should be added that as an act of mercy, His Honour Judge Christie also ordered that the sentences be served concurrently to another sentence the Applicant was serving in connection with a separate dangerous drugs offence.

2. The circumstances surrounding the present offences are all too familiar. Police officers on special duty at Hong Ning Road, Kwun Tong in the afternoon of 4th February 1997 saw the Applicant selling what they suspected to be a packet of dangerous drugs to a person. They searched her and found a small packet on her. They then went back with her to her residence where a number of other packets were found which contained the dangerous drugs referred to in the second count.

3. In her application, the Applicant refers to her difficult family circumstances. Needless to say these can hardly be weighted in the scales having regard to the serious nature of the offences. The sentences imposed were lenient. There is no merit whatever in this application and it is dismissed.

4. We order that 3 months of the time the Applicant has spent in custody will not count towards her sentences.