The Queen v. Chiu Yick Shing

CACC000183/1988

IN THE COURT OF APPEAL

BETWEEN

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

Date of Hearing: 22nd June 1988

Date of Judgment: 22nd 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. On 7th April 1988, in the District Court, His Honour Judge Fung convicted the Applicant, Chiu Yick Shing, of possessing dangerous drugs for the purpose of trafficking and sentenced him to imprisonment for five years. From that conviction and sentence he now seeks leave to 'appeal.

2. The prosecution led evidence that in the afternoon of 12th December 1987, police officers armed with a warrent went to a room in the Tai Wo Estate, Tsuen Wan. The iron grill to the room was open, and the door inside it was closed. They knocked on the door and the Applicant opened it. They found a plastic hag, under the bed. In the bag were 50 small transparent packets of what was proved to be dangerous drugs. The total weight of the drugs was 186.95 grammes of a mixture containing 12.58 grammes of salts of esters of morphine.

3. Two keys were found on the Applicant. One fitted the grill and the other the wooden door.

4. The Applicant elected not to give evidence and called no witnesses. The judge found the police witnesses truthful and credible and held that the statutory presumptions which applied had not been rebutted.

5. There is nothing in any of the grounds of appeal raised. The conviction cannot be assailed and the application relating to it is refused.

6. Having regard to the quantity of drugs found, the age of the Applicant (40) and his 7 drug-related previous convictions the sentence was entirely proper His application for leave to appeal-against sentence is also refused.

Representation:

Defendant/Applicant in person.

Miss L.M.A. Shine (Crown Prosecutor) for the Crown.