HKSAR v. YUEN KIN KEI

HCMA915/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.915 OF 2000

(ON APPEAL FROM NKCC 4436 OF 2000)

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J U D G M E N T

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1. The appellant was charged with three offences. The first was possession of dangerous drugs, contrary to sections 8(1)(a) and (2) of the Dangerous Drugs Ordinance, Cap.134. The particulars alleged that the appellant, on 20 July 2000, at the junction of Fa Yuen Street and Yin Chong Street, Mongkok, Kowloon, in Hong Kong, had in his possession a dangerous drug, namely one burnt hand-rolled cigarette containing 0.06 grammes of cannabis. The other two charges were theft of two dolls valued at $920 and resisting a police officer in the due execution of his duty. The appellant pleaded guilty and was sentenced to DATC for treatment in respect of all the offences.

2. The appellant appealed against the sentence, stating that he should have been sentenced to imprisonment instead. He complained that the DATC officer had only met him for five minutes, yet a recommendation was made that he was suitable for admission. He further submitted that he had been to DATC twice already and the programme could not help him. His mother was suffering from ill health, so he asked for a sentence which would allow him to be released sooner.

3. As I had explained to the appellant, my consideration was whether the sentence was manifestly excessive or wrong in principle. Here the DATC officer considered the appellant suitable for admission based on his observation and assessment of the case. I could see nothing wrong for the learned magistrate to adopt the recommendation. The sentence was neither excessive nor wrong in principle. The appeal must be dismissed.