TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 55

From these statements I

¿

(SEM) by drug addicts in Hong Kong.

have calcualted by extrapolation that the normal quantity of SEM which an addict used per day was about 0.41 gramme in November 1990. Hence the quantity in 5.46 of 0.5 gramme of SEM is just above the quantity which a normal dangerous drugs addict would

So theoretically an require for one day around that time. accused may be convicted of possession for trafficking if he was found to have just slightly more than a day's supply, and if he

Further, there is failed to rebut the presumption under S.46.

no evidence before me that traffickers normally had in their

Indeed, I possession more than 5 packets of dangerous drugs.

cannot even draw on my own experience nor take judicial notice of, not that it would in anywise be proper so to do, the fact

unlawful trafficking, that in the

of cases

possession for

accused are usually found to be in possession of more than 5 packets of dangerous drugs. In the cirucmstances, I am left to chosen by the speculate on how this figure of 5 packets was legislature and kept after the amendment in February of this

year.

of

importance

to

note

is

that

Another point theoretically, under S. 46(c) the total quantity of SEM involved seems to be of no consequence so long as there was found to be

(3

a

dangerous drugs some mixture containing

quantity or otherwise.

in a measurable

If it was only found to contain traces,

then a court will be left in great difficulty in deciding what an accused convicted under S.7 because in

LAU

TAK

MING

the lowest in the tariff

sentence to pass on

2 HKLR 370, [1990] concerned a quantity of "up to 10 grammes of narcotic" without

Hence, even for

specifying what the minimum quantity was to be. possession of traces, if an accused was convicted under S.7 by

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