G.F. 323 0003230
16.
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The Judiciary regard the heroin business as one to be stopped on account of the well known deleterious consequences of indulging in the abuse of the drug, but consider that no useful purpose is served by sending opium addicts to gaol. In the absence of proper treatment institutions to which they can be sent, magistrates are unwilling to inflict imprisonment upon people they regard as sick rather than criminal. This approach is modified when it comes to dealing with persistent heroin offenders,
but nevertheless it can be said in round terms that
magistrates do not like using the ordinary penal sanctions to deal with the problems of drug addiction because they deem them to be inappropriate. The Prisons Department drug treatment and rehabilitation facilities are used almost exclusively for heroin addicts, and are in any case at present limited.
(a) Offences Under Cap. 138.
17.
In general, the sentences awarded by magistrates indicate that they regard offences committed against the provisions of this Ordinance as not so serious as offences against the Dangerous Drugs Ordinance. The reason for this is not clear, but perhaps the existence of a separate ordinance in itself with its comparatively small penalties
is partly responsible. The fact that the abuse of factory made drugs is not yet a large-scale and serious problem in Hong Kong may also influence sentences.
(e)
18.
Effect of Sentences.
The severity of sentences is, of course, only one factor in the fight against the illicit drug trade. Success in preventing drugs from reaching Hong Kong, certainty of detection, convictions against any of those responsible for organising the trade and the provision of adequate treatment facilities for addicts are of equal importance. Nevertheless, if sentences are generally thought to be inadequate the effect must be unfortunate. Those responsible for law enforcement become dispirited;
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