The Queen v. Mok Wai Kit

CACC000136/1988

IN THE COURT OF APPEAL

BETWEEN

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Coram: Fuad , V.-P., Hunter, J.A. & Macdougall, J.

Date of Hearing: 23rd June 1988

Date of Judgment: 23rd June 1988

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J U D G M E N T

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Fuad, V. -P. (giving the judgment of the Court):

1. The Applicant, Mok Wai Kit, was convicted on 7th March 1988 by Her Honour Judge Chua in the District Court of possessing dangerous drugs for the purpose of unlawful trafficking. He was sentenced to 5 years' imprisonment. He now seeks leave to appeal against his conviction.

2. These are the facts upon which the prosecution case was founded. On the night of the 19th/20th November 1987, acting on information, four police officers were on surveillance duty in Fuk Wah Street, Kowloon. Shortly after midnight, two of them saw the Applicant walking down the road hand-in-hand with a woman. He was carrying a white plastic bag. He was stopped. In the bag were 32 little polythene packets with a white substance in each. Upon later examination and analysis the 32 packets were found to consist of 174.52 grammes in weight of a mixture containing 14 grammes of salts of esters of morphine.

3. The Applicant elected not to give evidence and called no witnesses. The judge believed the police officers and gave full and cogent reasons for doing so. She correctly applied the relevant statutory presumptions.

4. There are no merits in this application which is, therefore, dismissed.

Representation:

Defendant/Applicant in person.

Mr. M. Hartmann (Crown Prosecutor) for the Crown.