Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Drug classification and concentration
  • 6 Nov 2003

    HKSAR v. IP WAI ON

    Citation
    HKSAR v. IP WAI ON
    Court
    Court of First Instance
    Case number
    HCMA749/2003

    The original sentence of 2 months imprisonment was manifestly excessive given the marginal exceedance of the statutory concentration for codeine (0.13% v 0.1%) and the mitigating material about the drug's relative mildness and OTC availability; however, because of the appellant's recent similar conviction and ongoing abuse, a custodial sentence was still warranted and therefore an 18 month term suspended for 2 years was substituted.