Shu Heung Shan v. The Queen

CACC000665/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO.665 OF 1968

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Coram: Huggins, J.

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JUDGMENT

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Huggins, J:

1. The appellant was charged before the learned magistrate with unlawfully selling dangerous drugs and unlawful possession of dangerous drugs. The ground of his appeal is that that was no evidence or no sufficient evidence where on to found the said conviction.

2. Evidence was given that an inspector of police went with a constable to the Wo Ping Hotel in Nathan Road. The inspector, who was in uniform, concealed himself in Room No.407. The constable, who was in plain clothes, went to Room 404. There was nobody in Room 404 when the constable arrived there but shortly afterwards the appellant came in. He just pushed open the door. The constable said to him: "Old pal, I can make use of several packets" and he handed the appellant a marked bank note. This note the appellant put in his packet and he produced from another pocket a brown parcel. This parcel had four packets in it, two of which the appellant handed to the constable. Both sets of packets were found to contain dangerous drugs.

3. This evidence, if it were believed by the learned magistrate, was ample evidence upon which to convict the appellant. Before me the appellant has told a story none of which did he put before the magistrate. At the trial he made an unsworn statement in which, in effect, he admitted merely smoking dangerous drugs but denied having any drugs on him. In my view there is absolutely no ground upon which I could say that the learned magistrate came to a wrong decision - and, indeed, I have no doubt at all that he came to the right decision.

4. The appeal is dismissed.

Representation:

Appellant in person

Mr. Evans for the Respondent