Chan Ying-hing (Female) and Another v. The Queen

CACC000274/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 274 OF 1975

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Coram: Briggs, C.J., Huggins & McMullin, JJ.

Date of Judgment: 29th May, 1975.

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JUDGMENT

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1. The two appellants were tried with a third person for two offences, 1) possession of dangerous drugs for the purpose of unlawful trafficking and 2) conspiracy to traffic in dangerous drugs. The first appellant was found guilty on both counts and the second appellant was acquitted on the first count and found guilty on the second count. The third person who was tried with the appellants pleaded guilty at the end of the case for the prosecution.

2. The appellants are both women and the evidence for the prosectuion was that they took part in a certain transaction connected with dangerous drugs.

3. Having heard counsel for the appellants and counsel for the Crown, we granted leave to appeal because in our opinion the directions to the jury in the summing-up concerning constructive possession of dangerous drugs were inadequate. We ordered that the case should be sent back for re-trial. For that reason we do not intend to comment on the evidence or the way in which the trial went.

Representation:

Jackson-Lipkin, Q.C. & J. Chau (Hastings & Co.) for 1st appellant.

F. Eddis (Hastings & Co.) for 2nd appellant.

Stevenson for crown/respondent.