Chan Kau v. The Queen

Case No.CACC 216/1969
Court
Court of Appeal
Date28 Apr 1969
Judge
Case Document
100%

CACC000216/1969

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

CRIMINAL APPEAL NO. 216 OF 1969

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BETWEEN
CHAN KAU Appellant
AND
THE QUEEN Respondent

Coram: Huggins, J.

Date of Judgment: 28 April 1969

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JUDGMENT

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Huggins,J:

1. The appellant appeals against his conviction for unlawful possession of dangerous drugs.

2. The evidence before the magistrate was that a police officer took from the hand of the appellant in the street two packets. These two packets were later found to contain dangerous drugs. The appellant denied that he was in possession of the drugs and his evidence was given on affirmation: he said he was on his way home after playing mahjong and had nothing in his hand. This was a straight issue of fact and the learned magistrate believed the police officer.

3. Before me the appellant has merely repeated the story which he told the magistrate. I see no reason at all to believe that the magistrate has come to a wrong decision and there was clear evidence which justified the conclusion which he reached. I am assured by counsel for the Crown that there is nothing in the papers before him which raises any doubt as to the correctness of the conclusion and the appeal is dismissed.

28th April, 1969.

Representation:

...(illegible)