D. Manufacturing dangerous drugs

D. Manufacturing dangerous drugs 

It is an offence to manufacture, or to do an act preparatory to or for the purpose of manufacturing a dangerous drug unless with a licence granted by the Director of Health.   

The term “manufacture” when used in relation to a dangerous drug is broadly defined in section 2 of the Dangerous Drugs Ordinance (Cap. 134) to include “any act connected with making, adulterating, purifying, mixing, separating or otherwise treating a dangerous drug”. 

This definition covers not only the complete production of a dangerous drug from raw materials but also processes that modify or purify existing dangerous drugs.  But it is not usually brought against an offender who is in simple possession of dangerous drugs and manufactures them in a purely technical sense for his own consumption. 

Section 45 of the Ordinance introduces a presumption regarding the use of dangerous drug manufacturing apparatus. It provides that “Any person who is proved to have been manufacturing or doing an act preparatory to the manufacture of a dangerous drug shall, until the contrary is proved, be presumed to have known the nature of such drug.” 

To combat the illicit manufacture of dangerous drugs, Hong Kong also controls the chemicals used as precursors. See section 2A of the Control of Chemicals Ordinance (Cap. 145). 

Sentencing 

The maximum sentence is a fine of $500,000 and imprisonment for life.  Manufacturing a dangerous drug is considered as the most serious of all drug-related offences. 

While the sentencing starting point for trafficking in dangerous drugs is mainly determined by the quantity of drugs involved, in manufacturing dangerous drugs cases, the quantity of drugs seized is an indicator of the scale of the operation and not the sole or dominant consideration in determining the sentencing starting point.   

Factors that will be taken into consideration include the quantity and purity of the finished product or capable of being manufactured even if the process was incomplete, the scale of operation, the capacity of the equipment found, the output of the drugs at the manufacturing station, and the role played by the offender.