2. Do the same sentencing guidelines apply to an offence of trafficking in a purported dangerous drug?

2. Do the same sentencing guidelines apply to an offence of trafficking in a purported dangerous drug?

No. The maximum penalty for trafficking in a purported dangerous drug is lower: 7 year’s imprisonment and a fine of HK$500,000 on indictment or 1 year’s imprisonment and a fine of HK$100,000 on summary conviction (s.4A(3)).  The sentencing guidelines do not apply.  However, the maximum penalty still indicates that the legislature intended this offence to be a serious one warranting immediate imprisonment.