HKSAR v. Tsoi for

HCCC 312/2019

[2021] HKCFI 3617

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 312 OF 2019

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(Proceedings before 5.05 pm not required)

COURT: On the issue of whether the defendant had brought suspicion upon himself, I have considered all the factors in favour of the defendant like the defendant denied any knowledge and any participation for the drugs found in the premises when he was questioned by the customs officers on 14 May 2018. The defendant voluntarily provided the password of his mobile phone to the customs officer upon request.

On the other hand, the WhatsApp messages between Diao and the defendant show that the defendant had on some previous occasions delivered G-water for Diao and G-water is a dangerous drug. The WhatsApp messages reveal on some occasions Diao had mentioned ‘Ice’ and ‘Ecstasy’ to the defendant and the defendant responded to Diao’s messages.

Taking into consideration all the factors, in my judgment the defendant had brought suspicion upon himself.  It is not a case I should grant bail so I should award costs to the defendant for the charge that the jury found him not guilty. There are good reasons to refuse costs in this case and I refuse the costs application by Mr Ma for these reasons. 

Court rises - 5.07 pm

21 October 2021