R. v. Yiu Yan Pang

HCMA001632/1994

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY CRIMINAL APPEAL NO. 1632 OF 1994

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Coram: The Hon. Mr. Justice Sears in Court

Date of hearing: 24 May 1995

Date of delivery of judgment: 24 May 1995

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J U D G M E N T

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1. This is an appeal against conviction from Mr. Andree Wiltens of possession of dangerous drugs and the Appellant was sentenced to 12 months' imprisonment.

2. The facts are very brief. Two police officers said that the Appellant was intercepted, he aroused their suspicions and on searching, they found 25 straws in the left front pocket of his shorts. Basically the defence was that these were planted on him and he was framed up.

3. The 1st witness was held to be an honest person by the Magistrate. The only unusual fact was the 2nd witness, who was tendered for cross-examination; he gave no evidence in chief. He was cross examined on the basis he was being investigated by the ICAC and he said he was told not to answer the questions. If the lawyer had pressed and said you must answer the question then no doubt the Magistrate would have ordered him to.

4. The Magistrate very properly commented that it was left alone. He found the defendant's evidence implausible. This was an issue of fact for the magistrate. I can see no error which flows the conviction. The appeal is dismissed.

Representation:

Mr. William Lam, S.C.C. for Crown

Mr. Richard Wong (DLA) for Appellant