Lau Wan Wah v. The Queen

CACC000707/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 707 OF 1971

-----------------

-----------------

Coram: Pickering, J.

Date of Judgment: 29th November, 1971.

-----------------

JUDGMENT

-----------------

1. The appellant was convicted of possession of dangerous drugs for the purpose of unlawful trafficking and sentenced to twelve months imprisonment.

2. There is no merit in the appeal in so far as possession of dangerous drugs is concerned but the case is, as the learned magistrate has appreciated in his Statement of Findings, another of those to which the presumption, contained in s.46 of the Dangerous Drugs Ordinance, did not in fact apply by virtue of a lacuna in the original version of the legislation. The details of that lacuna, which incidentally has now been filled, are sufficiently well-known not to require repetition here. It is sufficient to say that the conviction of possession for the purpose of unlawful trafficking is set aside and substituted by a conviction of simple possession of dangerous drugs. The sentence of twelve months imprisonment is set aside and replaced by a sentence of six months imprisonment.

Representation:

Appellant in person

Caird C.C. for Crown