The Queen v. Chan Yau

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 935 OF 1987

________________

BETWEEN

________________

Coram: Hon Bewley, J. in Court

Date of hearing : 31st December 1987

Date of delivery of judgment : 31st December, 1987

________________

JUDGMENT

________________

1. The appellant was convicted of possession of dangerous drugs for the purpose of unlawful trafficking, and of possession of apparatus fit and intended for injecting dangerous drugs.

2. This is another appeal from Mr. Z E LI. As in R v LEUNG Chi-wai[1], the magistrate found that the heroin was for the appellant's own consumption, yet nevertheless ruled that the presumption was not rebutted.

3. For the reasons given in that appeal his conclusion is erroneous, resulting from a misreading of the judgment in R v DIU Lap-nin[2].

4. To maintain a stock of drugs for one's own consumption is not 'procuring' or 'dealing with' the drug and therefore possession for the purpose of trafficking.

5. The appeal is allowed and the conviction on Charge A quashed. A conviction for simple possession of dangerous drugs is substituted. The sentence on that charge is reduced to 9 months, which will run concurrently with the sentence of 3 months on Charge B.

Miss Mary Sin, Crown Counsel, for Respondent.

Miss B. Chainrai (assigned by D.L.A.) for Appellant.

[1]  MA No. 869/87

[2]  CA No. 1439/83