ECSTASY NOT A SERIOUS THREAT: JUDGES

Sentences for offences involving the drug Ecstasy were slashed yesterday
after the Court of Appeal ruled it was not addictive, toxic or a serious
threat to society.

Traffickers caught with less than 25 grams of the drug could walk away
without spending a day in prison.

The new guidelines are a radical departure from the approach taken in Hong
Kong's early Ecstasy cases.

Trafficker Lee Tak-kwan, 38, became the first to benefit from the changes
yesterday. He broke into a broad smile as the court slashed his 12-year
jail term by seven years.

After listening to expert testimony, Mr Justice Noel Power, Mr Justice
Barry Mortimer and Mr Justice Simon Mayo concluded that Ecstasy "does not
represent a serious threat to society when compared with drugs of high
toxicity and addiction such as heroin".

They observed that the drug was totally non-addictive.

"Even psychological dependency is rare," Mr Justice Power said.

Two years ago, stockbrokers Dominic Way and Sean Dullage were jailed for 18
months for selling one tablet to an undercover police officer.

Under the new guidelines, first offenders convicted of trafficking up to 25
grams of Ecstasy can be handed non-custodial sentences. Dealers selling
between 25 grams and 400 grams can now expect jail terms of between two and
four years. From 400 grams to 800 grams, the penalty is from four to eight
years.

For those trafficking more than 800 grams, the sentence is eight years and up.

Lee, who was appealing against his sentence, will now serve five years for
trafficking 12,110 Ecstasy tablets worth about $3.5 million.

Tony Pang Shing-fook, of the Hong Kong Council of Social Service's
Committee on Drug Abuse, said he was concerned lower sentences might give
people the wrong idea about the serious consequences of Ecstasy abuse.

Security Bureau narcotics division spokesman Tony Au Yeung said police
would continue to take "vigorous law enforcement action" against Ecstasy
traffickers.

"We are concerned that young people may think it is not harmful," Mr Au
said. "We will continue our efforts to hammer home the message that Ecstasy
is still a dangerous drug."

But Juliet Fawcus, who designs and sells "rave" accessories, said the
changes brought sentences in line with the reality of the drug.

"It should never have been compared to heroin," she said. "It's not as
though you see people coming into work and popping one. This is a
non-addictive, weekend drug."

Checked-by: Mike Gogulski