KWONG KIT v. THE QUEEN

CACC000327/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 327 OF 1971

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BETWEEN
KWONG KIT Appellant
and
THE QUEEN Respondent

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Coram: Huggins, J.

Date of Judgment: 30th June, 1971.

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JUDGMENT

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1. The Appellant appeals against a sentence of 9 months’ imprisonment for unlawful possession of dangerous drugs. He was found in possessionof one packet of a mixture containing salts of esters of morphine.

2. The Appellant had been convicted on four previous occasions of unlawful possession of dangerous drugs. He has been to the Tai LamAddiction Centre and has also received treatment voluntarily at Shek Kwu Chau. In February of this year he apparently initiated anapplication for re-admission to Shek Kwu Chau but unfortunately he did not pursue that application and consequently he was not accepted.The learned Magistrate attached some significance to the fact that the Appellant even considered applying for re-admission and thoughtthat there was even now some possibility that he could be cured of his addiction. For that reason he imposed a sentence of 9 months’imprisonment which would give the Appellant the opportunity of receiving further treatment. In all the circumstances I think thatwas a right decision and the appeal is dismissed.

30th June, 1971.

Representation: