Chan Hung v. The Queen

CACC000606/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 606 OF 1972

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Coram: Huggins J.

Date of Judgment: 13th November, 1972.

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JUDGMENT

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1. This is an appeal against a conviction on a charge of unlawful possession of dangerous drugs. The evidence given before the learned magistrate was that the Appellant was stopped in the street and searched and that a packet of suspected dangerous drugs was found in his pocket. There was evidence that the packet did contain dangerous drugs.

2. The Appellant commenced his evidence by admitting that he gave to the police a false name and his explanation was that that was his own way of dealing with the police. His story was that the police asked him whether he was an addict and he admitted that he was, that he was taken back to the police station and there threatened that he would be assaulted if he did not confess to an offence. He says that he told them he was prepared to confess to possession of opium but not to anything else.

3. The learned magistrate dealt with the evidence with the greatest of care and came to the conclusion that the evidence for the Prosecution was true. There was clear evidence upon which he could so decide and come to the conclusion that the charge had been fully proved.

4. The appeal must be dismissed.

13th November, 1972.

Representation: