Drugs and Legal Consequences

In Hong Kong, illicit drugs are mainly regulated by the Dangerous Drugs Ordinance (Cap. 134). Under the Act, the possession, manufacture and trafficking of these drugs are not lawful without proper authorisation.

 

 

Penalties for Narcotics Offences

 

  • Any person who traffics in a dangerous drug shall be liable upon conviction to a fine of HK$5,000,000 and imprisonment for life (trafficking includes selling or giving away any amount of a dangerous drug).

 

  • Any person who manufactures a dangerous drug, shall be liable upon conviction to a fine of HK$ 5,000,000 and imprisonment for life.

 

  • Any person who has in his possession; or smokes, inhales, ingests or injects a dangerous drug, shall be liable upon conviction to a fine of HK$ 1,000,000 and imprisonment for 7 years.

 

  • Any person who has in his possession any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug, shall be liable upon conviction to a fine of HK$10,000 and imprisonment for 3 years.

 

  • Any person who cultivates any plant of the genus cannabis or opium poppy, shall be liable upon conviction to a fine of HK$ 100,000 and imprisonment for 15 years.

 

  • When a person (other than a minor) is found to have exploited a minor for procuring, supplying or trafficking a dangerous drug, the police will appeal to the courts for enhanced sentencing by invoking Section 56A of the Dangerous Drugs Ordinance.

 

 

Penalties for Drug Driving Offences

 

The Road Traffic Ordinance (Cap 374) was amended in 2011 in order to combat drug driving more effectively. It is an offence if anyone:

 

  • Drives with any concentration of specified illicit drugs - heroin, cocaine, ketamine (‘k’), methamphetamine (‘ice’), cannabis (‘grass’) or MDMA (‘ecstasy’) present in his blood or urine, whether his driving ability is impaired or not;

 

  • Drives under the influence of any specified illicit drugs to such an extent of being incapable of proper control of the motor vehicle;

 

  • Drives under the influence of drugs other than specified illicit drugs to such an extent of being incapable of proper control of the motor vehicle;

 

  • Fails to undergo preliminary drug tests without reasonable excuse; or

 

  • Fails to provide specimens of blood and/or urine for analysis without reasonable excuse.

 

 

For detailed information, please refer to the following websites:

 

Hong Kong Police Force: Laws & Penalties

http://www.police.gov.hk

 

Transport Department: Drug Driving Offences

http://www.td.gov.hk