Case Detail

THE QUEEN v. CHAN KAM-WA

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28639-EN-1988-10-27

THE QUEEN v. CHAN KAM-WA

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HCMA000838A/1988

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL No. 838 of 1988

--------------------

BETWEEN

	THE QUEEN

	and

	CHAN Kam-wa

-----------------------

Coram: The Hon. Mr. Justice Barnes in Court

Date of Hearing: 27th October 1988

Date of Delivery of Judgment: 27th October 1988

-----------------------

J U D G M E N T

------------------------

1. The Appellant appeared before me on the 6th October and as a result of submissions made to me then by his counsel, Mr. Lee, I quashed the original sentence and remanded him until today for he purpose of obtaining a probation report with special reference to his suitability for admission to a Sarda Center.

2. I now have the probation officer's report and it discloses that during the period of the remand, the Appellant has been regularly attending a methadone clinic and the probation officer is of the opinion that it is in his best interests that he continue to receive treatment there rather than be admitted to a Sarda Center.

3. The probation officer is of the opinion that he is suitable for open supervision and she feels that the guidance and counselling he will receive during that supervision would assist in his "leading a law abiding life in the future". I have decided to act on the recommendation.

4. I have explained the conditions of probation to the Appellant and I have particularly explained that the probation order will contain a condition that he must comply with all directions of the probation Officer regarding medical treatment and tests in connection with his drug addiction treatment.

5. The Applicant having consented to the making of a probation order for one year with those terms, I now formally make such an order.

	(E.C. Barnes)
	Judge of the High Court

Representation:

Mr. James Lee (D.L.A.) for Appellant.

Mr. Hartman, C.C. for Crown.

HCMA000838/1988

THE SUPREME COURT OF HIGH COURT

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 838 OF 1988

______________

BETWEEN

	THE QUEEN

	and

	CHAN Kam-wa

_____________

Coram: The Hon Mr. Justice Barnes in Court

Date of Hearing: 6th October 1988

Date of Delivery of Judgment: 8th October 1988

_______________

J U D G M E N T

_______________

1. The Appellant pleaded guilty to a charge of possession of dangerous drugs. The allegation was that he had in his possession a plastic bottle containing 27 millilitres of a solution of which 44 milligrams was methodone.

2. He has a criminal record having been before the Court on 12 previous occasions. Some of those offences were possession of dangerous drugs, but the dangerous drugs on those occasions were either opium or heroin.

3. His last previous conviction, however, was in May 1977. The learned magistrate found himself in a quandary in dealing with the Appellant and seems to have decided on a prison sentence of 4 months because he could find no alternative way of dealing with him after the Commissioner of Correctional Sevices reported that he was unfit for detention in a Drug Addiction Treatment Centre. The principal reason for his unsuitability was his present poor physical condition. He has a chest and lung disability. Methodone is a drug used by the Medical & Health Department in treating drug addicts as a means of weaning them from their addiction to hard drugs.

4. I think that this Appellant is deserving of sympathy because he has been out of trouble for a long time. The intake officer from the Drug Addiction Treatment Centre said That he has no insight into his addiction problem. His possession of methodone however indicates a positive step towards ridding himself of his addiction to heroin.

5. I agree with the submission made by Mr. Lee on his behalf that what this man needs is proper professional help and guidance if he can get it. For that reason, I therefore allow the appeal against the sentence, quash the sentence and remand the Appellant on bail to 9.30 a.m. on the 27th October 1988 for a probation report with special reference to his suitability for admission to a S.A.R.D.A. Centre.

	(E.C. Barnes)
	Judge of the High Court

Representation:

Mr. Michael Bulleid, C.C. for Crown.

Mr. James Lee (D.L.A.) for Appellant.