OVERVIEW
Under Section 36 of the Hong Kong Dangerous Drugs Ordinance (Cap. 134), it is illegal to own, hold, or control any pipe, tool, or device that is designed, modified, or meant to be used for smoking, inhaling, ingesting, or injecting a regulated dangerous drug without legal authorization. Conviction carries a maximum fine at level 3 (or up to $10,000) and up to three years in prison.
The statute bans possessing "drug gear". This covers regular items like needles or glass pipes, as well as homemade items like plastic bottle "ice pots". The court looks at physical fitness (can it be used for drugs?) and intent (was it meant to be used for drugs?). Police often rely on expert tests from the Government Chemist to find drug residue on the equipment to prove what it was used for.
STATUTORY PROVISIONS
Section 36(1) of the Dangerous Drugs Ordinance (Cap. 134)
The relevant part of the current statutory provision states:
“No person shall have in his possession any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug.”
ELEMENTS OF THE OFFENCE
To secure a conviction under Section 36, the prosecution must prove three core elements beyond a reasonable doubt:
Custody or Control
The accused person physically held the item or had it kept by someone else under their direct control.
Nature of the Item
The item is a pipe, piece of equipment, or apparatus that is physically fit to smoke, inhale, ingest, or inject drugs.
Intended Use
The item was intended to be used for consuming a dangerous drug, and the accused knew about this drug-related purpose.
Exemptions
Under section 27 of the Dangerous Drugs Ordinance, the following classes of people are authorised by law to have in his possession equipment or apparatus fit and intended for the injection of dangerous drugs:
- a registered medical practitioner;
- a registered dentist;
- any person employed or engaged in a prescribed hospital, in a health centre or clinic maintained by the Government;
- any person employed or engaged in a clinic of the Hong Kong Garrison;
- any person specified by the Director of Health;
- any person who is on the direction of a registered medical practitioner to inject the dangerous drug into himself for the purposes of medical treatment; and
- any person who is on the direction of a person specified by the Director of Health to inject a specified dangerous drug into himself for the purposes of medical treatment.
Penalty
Maximum Prison Sentence: Up to 3 years.
Maximum Fine: Level 3 fine (currently up to $10,000 HKD).
Alternative Sentencing: Courts may order an offender to a drug treatment facility instead of standard prison time after reviewing a DATC suitability report.
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.