NG TAI-MUK v. THE QUEEN

CACC000422/1972

 

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

 

CRIMINAL APPEAL NO. 422 OF 1972

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BETWEEN
	NG Tai-muk	Appellant
	and
	THE QUEEN	Respondent

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Coram: Briggs, J. in Court

Date of Judgment: 16th June 1972

 

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JUDGMENT

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1. In this case the appellant was found guilty of being in possession of a packet of dangerous drugs containing 1.3 grammes of barbitone and 4.8 grammes of salts of esters of morphine for the purpose of unlawful trafficking. He was sentenced to 3 years imprisonment and appeals against that sentence.

2. The circumstances were unusual. On April 13th 1972 the appellant was at the San Po Kong Magistracy. He was taken there to answer a charge of being in possession of a small quantity of dangerous drugs. He was taken there from the Victoria Reception Centre and on his arrival at the Court he was searched. This is the normal practice. He remained in a cell at the Court until his case was heard. He was convicted and upon being taken back to the cell to await transport to take him to the place where he would serve his sentence, he was searched again and the dangerous drugs were found in his possession. He refused to tell the Magistrate from whom he had obtained the drugs. Indeed, he made no real defence at his trial.

3. There is no doubt that the appellant who from his record appears to be and to have been addicted to drugs for a long time, intended to take this packet of drugs with him into imprisonment. This is a very serious offence. In three recent cases I have upheld sentences of nine months where a prisoner serving a sentence has been found in possession of drugs or of a syringe used for the injection of drugs.

4. However though this appellant was rightfully convicted of the more serious offence of possession for unlawful trafficking I think that the sentence of three years, the maximum sentence it was possible for the Magistrate to pass, was manifestly excessive in the circumstances. It is for consideration whether better arrangements could not be made at this particular Court to ensure a less imperfect system of security.

5. In view of all the circumstances I reduced the sentence to one of two years and ordered it to commence as from the end of the sentence which the appellant was serving when he committed this offence.

 

 

	(G.G. Briggs)
	Puisne Judge

 

Representation: