Cheng Chuen v. The Queen

CACC000299/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 299 OF 1971

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Coram: Huggins, J.

Date of Judgment: 8th June, 1971.

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JUDGMENT

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1. The Appellant appeals against his conviction on a charge of unlawful possession of dangerous drugs.

2. The evidence for the prosecution was simple. A police officer stopped the Appellant and searched him. He found in one of his pockets a packet which subsequently proved to contain dangerous drugs. The officer was cross- examined and suggestions were made to him that he was not at the scene where the Appellant was alleged to have been stopped at all and some suggestion appears to have been made that the constable was offended by the Appellant's having sneezed on him, but all these were denied. At the close of the prosecution case the Appellant chose to say nothing at all and he called no witnesses. He could not now be heard to say that he did not know the procedure: not only was it explained to him on this occasion - he had been before a court in this Colony on twleve previous occasions. The learned Magistrate believed the evidence of the prosecution.

3. The Appellant now says that he was wrongly prosecuted and, in effect, that the Magistrate was wrong to believe the evidence which he did believe. There was ample evidence which, if believed, justified conviction and in view of the attitude adopted by the Appellant in the court below it is perhaps not altogether surprising that the Magistrate found himself able to believe the prosecution. The appeal must be dismissed.

8th June, 1971.

Representation: