The applicant was convicted after confirming his pleas of guilty before Deputy Judge Eric Kwok SC (“the judge”) in the High Court, having earlier entered pleas in the magistrate’s court to two charges of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. In terms of their pure narcotic content, Counts 1 and 2 respectively involved 501 grammes of cocaine, which was found inside a vehicle driven by the applicant on the night of 2 Nove
On 11 July 2022, police entered the applicant's flat in Tsui Ping South Estate, Kwun Tong, where they found him in the living room. A search under warrant recovered a pink box on a bed shelf containing 1.38 grammes of methamphetamine and 14.7 grammes of methamphetamine hydrochloride (Ice), along with an electronic scale and HK$1,420 in cash. The applicant admitted purchasing the drugs about a week earlier from two different unknown males, stated he bought them for personal consumption, was living on CSSA, and was the sole keyholder of the flat. The street value was estimated at HK$25,373.
This is the plaintiff’s (“ CNG ”) appeal against the dismissal of its originating summons for a Norwich Pharmacal order for disclosure against the defendant bank (“ HSBC ”). HSBC took a neutral stance both below and in the appeal. At the hearing we allowed the appeal, made the order sought by CNG, and made no order on the costs of the appeal. These are our reasons.