B. Possession of pipes, equipment, etc. For the smoking, inhalation, ingestion or injection of a dangerous drug

B. Possession of pipes, equipment, etc. For the smoking, inhalation, ingestion or injection of a dangerous drug 

Possessing any pipe, equipment or apparatus fit and intended for the smoking, inhalation, ingestion or injection of a dangerous drug is an offence under section 36 of the Dangerous Drugs Ordinance (Cap. 134).  Some equipment, such as syringes and pipes, can be readily used for consuming dangerous drugs, even when they have innocent uses.  Other apparatus may be home-made, such as “ice pots”, which are commonly found and made from plastic bottles and straws.  Often, these apparatus will be examined by Government Chemist for residues or trace amount of dangerous drugs left behind after consumption with these apparatus. The circumstances of their discovery (such as in a divan) and other things found along with them (such as empty drug packaging and scales) may support the inference that these apparatus are fit and intended for the consumption of dangerous drugs. Government Chemists may also provide expert opinion on whether such an apparatus is fit or intended for consuming dangerous drugs. 

Sentencing 

The maximum penalty is a fine of $10,000 and imprisonment for 3 years.  The court may also consider sentencing the offender to a Drug Addiction Treatment Centre after calling for a report on the suitability of drug addiction treatment for the offender. 

Aggravating factors in sentencing for this offence include the display of drug paraphernalia in a public place, or intended sharing of equipment. 

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: 

1. a registered medical practitioner;  
2. a registered dentist;  
3. any person employed or engaged in a prescribed hospital, in a health centre or clinic maintained by the Government; 
4. any person employed or engaged in a clinic of the Hong Kong Garrison; 
5. any person specified by the Director of Health; 
6. 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 

7. 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.