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Hksar v Su Hui Feng

Judgment Cited authorities 2 Cited in Precedent Map Related
Vincent
Judgment Date08 September 2005
Year2005
Judgement NumberHCMA643/2005
Subject MatterMagistracy Appeal
CourtHigh Court (Hong Kong)
HCMA000643/2005 HKSAR v. SU HUI FENG

HCMA643/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.643 OF 2005

(ON APPEAL FROM NKCC 6098 OF 2004)

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BETWEEN

　 HKSAR Respondent
　 and 　
　 SU HUI FENG (蘇惠芬) Appellant

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Before : Deputy High Court Judge D. Pang in Court

Date of Hearing : 8 September 2005

Date of Judgment : 8 September 2005

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J U D G M E N T

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1. The appellant was convicted after trial of Charge 1, ‘Trafficking in a Dangerous Drug’ and Charge 2, ‘Possession of Part I Poison’, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap.134 and sections 23(1), 33(1) and 34 of the Pharmacy and Poisons Ordinance, Cap.138. She was sentenced to the concurrent terms of three years’ imprisonment and one month’s imprisonment respectively. Having abandoned her appeal against conviction, she now appeals against the sentence in Charge 1.

2. This is how the magistrate summarized the case in his Statement of Findings :

“ 3. The defendant was the registered tenant of Flat 3, 1/Flr, Hung Fai Building, Tung Choi Street, Mongkok (‘the premises’). She worked as a licensed hawker nearby. Police raided the premises and found a substantial amount of various dangerous drugs and poison, packaged and distributed throughout the premises. The defendant was present throughout the raid and was shown the seizures. Under caution she admitted possession of the drugs and poison for her own use and stated that she had the only key to the premises. …”

3. For the nature and quantity of the drugs and poison involved, one needs only look at the particulars of the charges :

“Female SU Hui-feng
(1) SU Hui-feng, you are charged that on 16th day of January, 2004 Flat 3, 1/Floor, Hung Fai Building, 2Q-2Z Tung Choi Street, Mongkok, Kowloon, in Hong Kong, you unlawfully trafficked in a dangerous drug, namely 8 plastic bags containing 96.79 grammes of a powder containing 47.11 grammes of ketamine, 111 paper packets containing 36.43 grammes of a powder containing 16.63 grammes of ketamine, 10 foilpacks containing 34 tablets containing 0.15 grammes of nimetazepam, 8.89 grammes of cannabis, 1 plastic bag containing 6.64 grammes of cannabis, 10 hand-rolled cigarettes containing 1.97 grammes of cannabis, 5 foilpacks containing 149 tablets containing 0.14 grammes of estazolam and 61 tablets containing 0.14 grammes of methamphetamine, 2.32 grammes of 3, 4-methylenedioxyamphetamine and 2.44 grammes of 3, 4-methylenedioxyamphetamine (commonly known as ecstasy).
(2) SU Hui-feng, you are charged that on the 16th day of January, 2004 Flat 3, 1/Floor, Hung Fai Building, 2Q-2Z Tung Choi Street, Mongkok, Kowloon, in Hong Kong, you had in your possession a poison included in Part I of the Poisons List, namely, 17.35 grammes of a powder containing amantadine, a listed Part I Poison, otherwise than in accordance with the provisions of the Pharmacy and Poisons Ordinance.”

4. As regard the...

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