1. How is the sentencing determined for new drugs not classified as dangerous drugs under the Dangerous Drugs Ordinance (Cap. 134) but a Part 1 poison?
To arrive at the appropriate sentence for new drugs not classified as dangerous drugs but are a Part 1 poison, the prosecution often provides to the court expert reports and evidence setting out the nature, harmful effects, and prevalence of the new drug and invite the court to consider the sentencing guideline for similar poison if any. Other circumstantial factors such as quantity, range of different poisons in possession, and latent risks, etc. will also be taken into the consideration by the court.



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