Fan Kau v. The Queen

CACC000702/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 702 OF 1968

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Coram: Huggins, J.

Date of Judgment: 13 December 1968

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JUDGMENT

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Huggins, J:

1. The appellant was convicted of unlawful possession of 8.3 grammes of barbitone. A police constable on patrol said that he saw the appellant acting suspiciously and searched him. In his trousers pocket he found 7 packets, which were proved to contain dangerous drugs.

2. The appellant did not give evidence in the witness box but in an unsworn statement he said that nothing was found on his person and that the policeman asked him to pick these drugs up from the ground. The learned magistrate rejected that story and believed the police officer. This was entirely a matter for the magistrate and I cannot say that he came to a wrong decision.

3. The appeal is dismissed.

13th December, 1968.

Representation:

Appellant in person

Mr. Duckett for the Respondent