At the last Board Game meeting, I met a social worker friend who serves young people who are addicted to drugs or who are hiding drugs. This reminded me unexpectedly of a client I had when I was a trainee lawyer, Mr. A. After he was arrested in the car, drugs were found in his assistant’s seat. Mr. A explained to us that he accepted a driving job that day after being introduced by a friend. Not long after he got into the driver's seat of the car designated by his friend, the police rushed over, opened the door of the assistant's seat and opened the storage compartment of the assistant's seat. The objects were checked and drugs were immediately found. As for the origin of the car and the existence of drugs, Mr. A expressed ignorance.

Do you believe this explanation? To be honest, we have no way of knowing. He may be a habitual criminal, but he was pushed out by the "company", so the police know the location of the drug hiding place; he may also be innocent, but was used by bad friends as a pawn to transport drugs, and was abandoned after the failure. ; It is more likely that he knew there was something wrong with the car, but he was not sure what the problem was until the moment the stolen goods were obtained. No matter what the truth behind Mr. A is, the above situation may actually happen. This time I will talk to you about the topic of drug possession.

First of all, there is a common misunderstanding. It is illegal to hide and sell drugs, but it is not illegal to take drugs. According to Section 8 of the Dangerous Drugs Ordinance, Chapter 134 of the Laws of Hong Kong, any person who possesses, smokes, inhales, ingests or injects dangerous drugs commits an offence, and will have a criminal record. It is only necessary to prove that a person has "taken" More difficult. Because according to Section 54AA of the same Ordinance, police officers must obtain the written consent of the person concerned before collecting urine samples, and "non-internal samples" such as hair, nails, etc. are of relatively low value as evidence to prove drug abuse. Compulsory collection under Section 59C of the Police Force Ordinance, Chapter 232, may not be sufficient for prosecution. Therefore, police officers often charge people with possession of dangerous drugs, and the severity of the sentence is determined by the amount of possession.

If the amount is small, the Department of Justice will be inclined to prosecute for drug possession. In the past, some sentences for possession of marijuana for personal use may have been fines or good behavior. If the drug was a more addictive drug or the defendant was a habitual offender, there was a higher chance of being sentenced to a drug rehabilitation center for several months. If the quantity is larger or multiple dangerous drugs are in possession at the same time, you may be accused of drug trafficking. Drug trafficking will basically lead to a prison sentence, and the sentence will be based on the sentencing guidelines issued by the High Court. The Center for Law and Research of the University of Hong Kong has developed a drug trafficking sentencing calculation program based on relevant guidelines and various reasons for intervening. In my opinion, there are still some flaws, but it can also be used as a reference: http://wwwnew2.hklii.hk/predictor.

Even if you have a small amount of drugs on your person, once you are found, the police may apply for a search warrant to search your residence or the place you manage. If more drugs are found, the chance of being charged with drug trafficking will be higher. . Nowadays, many Western countries have legalized some common drugs, so more and more young people think that smoking weed is no big deal. The impact on the body is not my special area, so I can’t comment on it, but from a legal perspective, the risks are real. It’s very high, so everyone should avoid these things. There are many ways to have fun. For example, following My Lawyer’s page is great, isn’t it?

If you have any legal questions, please send us a private message! We will try our best to give you a direction and hope to help you take the first step to solve the problem.