F. Divan keeping & responsibility of owners, tenants, etc. Of any place or premises used as a divan

F. Divan keeping & responsibility of owners, tenants, etc. Of any place or premises used as a divan

Divan Keeping 

Under section 35 of the Dangerous Drugs Ordinance, it is an offence to open, keep, manage or assist in the management of a divan.  A divan is defined as any place or premises open, kept or used whether on one occasion or more than one occasion for the smoking, inhalation, ingestion or injection of a dangerous drug.  The dangerous drugs can be sold in a divan, a price can be charged for the consumption of the dangerous drugs in the divan, or a benefit or advantage can be derived by the people running the divan for the consumption of dangerous drugs.  This offence targets those who are actively involved in the operation and management of a divan and knowledge of the premises being used as a divan can be readily proven by the defendant’s involvement. 

Sentencing  

The maximum penalty for keeping a divan is a fine of $5,000,000 and imprisonment for 15 years if tried on an indictment.  On a summary conviction, the maximum sentence is a fine of $500,000 and imprisonment for 3 years. 

Permitting premises to be used as divan etc. 

A separate offence is found under section 37 of the Ordinance where an owner, tenant, occupier or person in charge of any premises is criminally liable for permitting or suffering that premises to be used as a divan, or for unlawful trafficking, manufacturing or storage of dangerous drugs. 

The section 37 offence also covers principals and agents who knowingly let or agree to let premises to use as a divan or for unlawful trafficking, manufacturing or storage of dangerous drugs. 

Conviction for section 37 offence attracts a maximum fine of $5,000,000 and imprisonment for 15 years on indictment, and a maximum fine of $500,000 and imprisonment for 3 years on summary conviction.