Lai Chung Wing v. The Queen
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CACC000216/1971 IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION CRIMINAL APPEAL NO. 216 OF 1971 -----------------
----------------- Coram: Mills-Owens J. Date of Judgment: ----------------- JUDGMENT ----------------- 1. The appellant, aged 22 years, was convicted of possession of a packet containing a small quantity of a mixture including morphine. On the appeal, against conviction, he vigorously maintained that he had been framed by the police officer who arrested him and who had given evidence that the appellant had the packet in his hand at the time of arrest. At the trial the appellant also had given evidence, to the effect that when arrested and searched no such packet had been found upon him but nevertheless he was taken to the Police Station where the packet in question was produced the first time by the duty officer. 2. I was in agreement with counsel for the Crown, Mr. Lucas, that no ground appeared upon which the conviction could be set aside. It was entirely a matter for the learned Magistrate to evaluate the evidence. It was a point to be noted that some three hours elapsed between the time when the arrest took place (1420 hours) and the time when the appellant was brought before duty officer at the police station (1720 hours), during which interval - the appellant said - he was in a cell there. Mr. Lucas also brought to my notice that the arresting officer said that his suspicions were aroused because the appellant looked 'scared', but in cross-examination agreed that he had approached the appellant from behind. On the other hand the appellant appears to have signed the envelope into which the duty officer placed the packet on the report being made to him at the police station, without demur. As I have said, I could perceive no ground upon which the conviction could be set aside. Having regard to the findings of fact the appeal was dismissed.
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