R. v. MA KIM KWONG

IN THE COURT OF APPEAL

1995, No. 157

(Criminal)

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J U D G M E N T

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Ching JA (delivering the judgment of the Court):

1. The applicant was convicted on one charge of possession of dangerous drugs upon his own plea.

2. He was stopped in the street at just after 11 o'clock one morning and was searched. He was found to have two plastic bags upon him containing 59 sealed drinking straws filled with a mixture containing 16.68 grammes of salts of esters of morphine.

3. The offence was committed whilst he was on bail awaiting trial on another charge of possession for which he was eventually sentenced to imprisonment for nine months.

4. He has convictions relating to dangerous drugs beginning from 1987. For the present offence, he was sentenced to two years' imprisonment, the first five months of which were to be concurrent with the sentence of nine months.

5. Neither his grounds of appeal nor anything he has said this morning assists him. This is another case of a hopeless application which should never have been brought. The application must be dismissed with loss of time of three months.