Chung Wah v. The Queen
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CACC000694/1968 IN THE SUPREME COURT OF HONG KONG. (Appellate Jurisdiction) CRIMINAL APPEAL NO. 694 of 1968 -----------------
Coram: Huggins, J. Date of Judgment: 12 December 1968 ----------------- JUDGMENT ----------------- Huggins, J: 1. The appellant was charged before the learned magistrate with unlawful possession of dangerous drugs and with selling dangerous drugs. He appeals against a conviction on the first of those charges, he having been acquitted on the second charge. Unfortunately the learned magistrate has not given any reasons for having acquitted the appellant on the second charge and I have had some doubt whether, in the circumstances of this case, these two verdicts could be consistent. However, I think the magistrate may conceivably have thought that the evidence of an exchange of property did not establish a sale. 2. There was ample evidence which, if believed, established the unlawful possession. Two police officers laid an ambush. They saw the appellant and he was observed to take from his right trousers pocket a plastic bag. There was then some transaction between him and another man and shortly afterwards one of the police officers searched the appellant and found in his right trousers pocket a plastic bag. In the plastic bag were found 38 packets containing over 7 grammes of dangerous drugs. The appellant has in effect sought to say that the record of the evidence is incorrect and that the witnesses did not give the evidence which they are recorded as having given. I found myself bound to accept the record as correct. 3. The appellant has then merely repeated his allegation that the drugs were planted on him but I am no more inclined to believe that story than was the learned magistrate. 4. The appeal is dismissed. 5. For the record I would mention that the appellant has complained that a sum of $70,70 was taken from him by the police and, he says, was confiscated. I am told by counsel for the Crown that there was no confiscation, that the money was produced as an exhibit in the court, that it remains in the possession of the police and that it will in due course be returned to the appellant. 12th December, 1968. Representation: Appellant in person Mr. Evans for the Respondent |