Leung Tak v. The Queen

CACC000685/1968

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 685 OF 1968

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Coram: Huggins,J.

Date of Judgment: 4 December 1968

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JUDGMENT

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Huggins,J:

1. The appellant was convicted of unlawful possession of dangerous drugs. He appeals on the ground that there was no evidence or no sufficient evidence on which to found the conviction.

2. A police officer saw him coming out of a lane. On seeing the constable (who was, it is true, in plain clothes) the appellant turned round. He was stopped and searched. In his pocket were found a packet and a paper taper. The constable said he suspected there was white powder in the packet and the defendant said "don't know". In fact the packet contained traces of diacetylmorphine hydrochloride and O.53 gramme of barbitone.

3. The appellant's defence was that the articles were not found on him, that he was arrested and that after his arrest the packet was found under a plank in the lane. The learned magistrate believed the evidence of the constable and that was ample evidence upon which to found a conviction.

4. The appeal is dismissed.

4th December 1968.

Representation:

Appellant in person

Mr. Evans for the Respondent