LUI SUN v. THE QUEEN

CACC000218/1969

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTIO

CRIMINAL APPEAL NO. 218 OF 1969

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BETWEEN
	LUI SUN	Appellant
	AND
	THE QUEEN	Respondent

Coram: Huggins, J.

Date of Judgment: 28 April 1969

 

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JUDGMENT

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Huggins,J:

1. The appellant appeals against a sentence of two years' imprisonment for possession of dangerous drugs for the purpose of unlawful trafficking.

2. The appellant was found in possession of 67 grammes of dangerous drugs mixed with a quantity of other substances. Before the learned magistrate counsel who appeared for the appellant described it as "a tragic case", and that indeed it is. The appellant is 59 years old and he has been unemployed for some time, having had to leave the sea owing to ill health. He has two sons still at school and also has an aged mother whom he has to suppers. Owing to his poor circumstances he fell into debt and, as so often happens, unscrupulous persons took advantage of his poor circumstances, lent him money and then forced him to carry drugs in order to wipe out the debt which he was unable otherwise to pay off, offering him a small sum of ready cash in addition to releasing the debt. That of course placed a great temptation in the path of the appellant. The learned magistrate was not unaware of this but he also had very much in mind that this large quantity of drugs would do inestimable harm to those into whose hands they came and he came to the conclusion that his duty required him to pass a sentence of two years' imprisonment. I confess that I would like to interfere: it is a hard case. But in my view I cannot, upon the authorities, interfere in this case unless the sentence is wrong in principle. There are, as I have said, conflicting factors: on the one hand we have the personal circumstances of the appellant and on the other the enormity of the offence and the protection of the public. The magistrate was of opinion that the protection of the public demanded that he pass what is undoubtedly a severe sentence upon this particular individual. I think I must resist the temptation to assume the prerogative of mercy, which lies solely in the hands of His Excellency the Governor, and I must dismiss this appeal.

3. I would, however, add this, that I do think that this is a proper case for consideration in due course by the Executive authority.

28th April, 1969.

 

Representation:

Applicant in person.

Mr. Evans for Respondent.

Judgment pronounced by Huggins J. in Court