OVERVIEW
Manufacturing is regarded as the most serious of all drug-related offences. It is triable only on indictment and carries a maximum sentence of life imprisonment. Manufacturing is defined as any act connected with making, adulterating, purifying, mixing, separating or otherwise treating a dangerous drug.
STATUTORY PROVISIONS
Section 6 of the Dangerous Drugs Ordinance (Cap. 134)
The relevant part of the current statutory provision states:
“No person shall manufacture a dangerous drug except under and in accordance with a licence granted by the Director.”
Landlord and Occupier Liability
The Premises Offence
While section 6 deals with the direct creation of a dangerous drug, third-party liability for letting property to be used for manufacturing is specifically codified under section 37 of Cap. 134.
The Law (Section 37(1)(b)): It is a crime for any person to “let or agree to let, whether as principal or agent, any place or premises with the knowledge that such place or premises … is to be used … for the unlawful manufacturing or storage of a dangerous drug.”
A landlord, real estate agent or primary tenant may therefore be criminally liable if they enter into a letting arrangement while knowing that the premises are to be used to manufacture or store dangerous drugs.
The prosecution must prove actual knowledge. Deliberately turning a blind eye to highly obvious warning signs may support an inference of knowledge, but negligence or a failure to make inquiries is not, by itself, the statutory test.
Penalty
Section 6 (Manufacturing)
Mode of Trial: Triable only on indictment. It is not triable summarily in the Magistrates' Courts.
Maximum Prison Sentence: Life imprisonment.
Maximum Financial Penalty: A fine of up to $5,000,000 HKD.
Section 37 (The Premises Offence)
On Indictment: A fine of $5,000,000 HKD and up to 15 years in prison.
On Summary Conviction: A fine of $500,000 HKD and up to 3 years in prison.
HOW MCS CAN ASSIST
Advice and representation
MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.