HKSAR v. CHEUNG TAM KUNG
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HCMA000648/2002
HCMA648/2002
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO.648 OF 2002
(ON APPEAL FROM TWCC 1197 OF 2002)
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| BETWEEN | ||
| HKSAR | Respondent | |
| AND | ||
| CHEUNG TAM KUNG | Appellant |
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Coram: Deputy High Court Judge Carlson in Court
Date of Hearing: 14 August 2002
Date of Judgment: 14 August 2002
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J U D G M E N T
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1. On of 14 June 2002, this appellant was sent to a drug addiction treatment centre in respect an offence of possession of a syringe which contained a mixture containing heroin. The magistrate called for a drug addiction treatment suitability report as she was required to. That report indicated that he was suitable for treatment there, and the magistrate took the view that was the right course to take.
2. The particular feature in this case is that the appellant is 65 years old, and that he also has a number of previous convictions for drug offences. It might be said that no useful purpose can be served in imposing such a sentence. His case has been looked at very carefully by those who deal with these matters and the recommendation was unequivocal. In all the circumstances, I do not think that this sentence can be faulted. Accordingly, the appeal be dismissed.
| (Ian Carlson) | |
| Deputy High Court Judge |
Representation:
Mr Paul K. Madigan, SGC of the Department of Justice, for the Respondent
The Appellant in person