IN THE COURT OF APPEAL
1997, No. 66
Coram: Hon Power Ag. C.J., Bokhary and Mayo, JJ.A. in Court
Date of hearing: 1 May 1997
Date of judgment: 1 May 1997
J U D G M E N T
Mayo JA giving the judgment of the Court:
1. The applicant seeks leave to appeal against the sentence of 3 years 8 months’ imprisonment imposed upon him for possession of dangerousdrugs for the purpose of trafficking. The amount of dangerous drugs was 48.1 grams of a mixture containing 32.57 grams of salts ofesters of morphine. The main point of this application is that the offence occurred in December 1989. The applicant was given bailand then absconded. He was not rearrested until November 1996. Mr Percy for the applicant submits that the Deputy Judge Barnes waswrong to adopt the guidelines in Lau Tak Ming as those guidelines were only laid down in 1990 which was subsequent to the date when the offence was committed. He argued that thejudge should have adopted the guidelines in Chan Chi Ming  HKLR 491 as modified by Cheng Yeung  2 HKLR 258 which involved a conversion factor for No. 4 heroin.
2. The applicant should have been sentenced to 4 years’ imprisonment under the formula which was adopted in that case. It should howeverbe noted that at the time when the applicant would have been tried had he not absconded it is unlikely that he would have receivedthe full discount of
3. It does seem clear that if the applicant had been sentenced at the appropriate time he would have received a shorter sentence. Weconsider that his sentence should be reduced by one year. Treating the application as the appeal we allow the appeal to this extent.The sentence is reduced to a sentence of 2 years 8 months.
Mr AA Bruce QC and Miss Lily Ho, SCC for Crown Prosecutor
Mr Duncan C.H. Percy (DLA) for Applicant