Hong Kong Case Law: Decisions & Judgments

Topic

Drug addiction treatment centre (datc) suitability

Legal area

Court

12 Feb 2026

HKSAR v. UPPERLA SRI HARISH

Citation

[2026] HKCFI 1025
Court

Court of First Instance
Case number

HCMA36/2024

The appeal is dismissed because the High Court found the Magistrate lawfully and reasonably assessed aggravating features (resumption of cocaine use while on bail and failure to make use of immigration opportunity), correctly concluded DATC was impractical given the Appellant's immigration status, properly exercised discretion that a suspended sentence and probation report would not be appropriate, and that the 4-month immediate custodial sentence (reduced from a 6-month starting point for plea) was not manifestly excessive.
22 Mar 2005

HKSAR v. TSANG CHEUNG-KWONG

Citation

HKSAR v. TSANG CHEUNG-KWONG
Court

Court of First Instance
Case number

HCMA81/2005

The court accepted the starting point adopted by the Magistrate was too high and that, after allowing for the guilty plea, the appropriate sentence for the trafficking charge was in the region of six months; although a DATC suitability report should have been sought under s54A, it was unnecessary in practice because the appellant would not remain drug-dependent after the time already served, and accordingly the 9-month trafficking sentence and the consecutive one-month order were quashed and replaced with a sentence permitting immediate release and making the possession sentence concurrent.
31 Mar 1999

HKSAR v. LAI SIU MING

Citation

HKSAR v. LAI SIU MING
Court

Court of First Instance
Case number

HCMA238/1999

Given the appellant's extensive criminal record, previous unsuccessful DATC orders and an adverse DATC report, the magistrate correctly applied established sentencing starting points (12 months for small quantity heroin possession) and justifiably reduced to 8 months for the guilty plea; there was no error in law or principle and the appeal is dismissed.

Hong Kong Case Law

HKSAR v. UPPERLA SRI HARISH

HKSAR v. TSANG CHEUNG-KWONG

HKSAR v. LAI SIU MING