The Queen v. Chan Hong Wai

CACC000066/1989

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Coram: Hon. Cons, V.-P., Clough, J.A. & Mortimer, J.

Date of hearing: 11 May 1989

Date of delivery of judgment: 11 May 1989

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J U D G M E N T

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Cons, V.-P. delivered the judgment of the Courts:

1. The Applicant, Chan Hong Wai, was convicted in the District Court by Judge Evans of possession of dangerous drugs for the purpose of trafficking.

2. The evidence against him was that on the evening of 11th August he was seen to go into a building in Des Voeux Road West together with another man. At the time he was carrying a brown plastic bag. The police approached him in the Caretaker's office of that building where he had gone to borrow the telephone. They took him aside to the lobby and there in the plastic bag they found 15 packets of drugs and a further 10 hidden in his underpants. He asked for a chance alleging that the heroin did not belong to him but that he was merely taking it for someone else.

3. His own evidence to the judge was that he was framed by the police, that the drugs, having nothing to do with him, were picked up from the staircase and that, despite all his protests, he was bundled off to the police station.

4. As far as the judge below was concerned clearly either the police officers were telling an untruth or the Defendant was. Now by the system under which the courts operate, in the District Court it is the responsibility of the judge to find out, if it can be found out, where the truth lies. We can interfere only if we think he went wrong in some way or other. In the present case the judge was quite satisfied that the police constables were telling the truth, and we can find nothing which indicates that in doing so he went wrong.

5. The application for leave to appeal is therefore dismissed.

Representation:

Chan Hong Wai in person

Mr. J.L. Cagney Crown Prosecutor for Respondent