Ng Cheung v. The Queen

CACC000302/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 302 OF 1971

-----------------

Coram: Huggins, J.

Date of Judgment: 8th June, 1971.

-----------------

JUDGMENT

-----------------

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

2. Evidence was given by a police constable that he was on plain clothes duty at 4.30 a.m. and that he saw the Appellant apparently waiting for somebody. He went up to the Appellant and identified himself and he said that the Appellant appeared to be about to run away, so he caught hold of his hand. He searched the Appellant and found 9 packets. He asked what they contained and the Appellant told him they were for his own consumption - a statement which he repeated after he had been cautioned. The packets were subsequently found to contain some 2.1 grammes of a mixture containing 1 gramme of salts of esters of morphine.

3. The Appellant's story was that he was playing cards and that a party of ten police officers came and tried to arrest those taking part. According to him everybody escaped but himself. He was taken to the Police Station and it was not until he was there that somebody produced to him these packets and said that he was going to be charged with possession of them.

4. The learned Magistrate believed the evidence of the prosecution. Before me the Appellant has in effect repeated the story that he told the Magistrate. Whatever the Appellant may think, it is not for me to substitute my assessment of the credibility of the witnesses for that of the Magistrate. There was evidence which, if believed, justified conviction and I see nothing on the record which indicates that the learned Magistrate came to a wrong decision in believing the prosecution witnesses. The appeal is dismissed.

8th June, 1971.

Representation: