Yeung King Fai v. The Queen

Case No.CACC 714/1968
Court
Court of Appeal
Date17 Dec 1968
Judge
Case Document
100%

CACC000714/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 714 OF 1968

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

BETWEEN
YEUNG KING FAI Appellant
AND
THE QUEEN Respondent

Coram: Huggins, J.

Date of Judgment: 17 December 1968

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

JUDGMENT

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

Huggins, J: The appellant was charged with importing dangerous drugs unlawfully and with unlawful possession of dangerous drugs. She was arrested at Kai Tak Airport upon her arrival by air from Bangkok. She had in her baggage a quantity of food and in some tins of dried meat were found 13.855 kilogrammes of opium. The learned magistrate imposed sentences of two years' imprisonment on each charge, those sentences to run concurrently.

2. The defence at the trial was that the appellant had no knowledge of the contents of these tins of dried meat: She said that these tins had been given to her as gifts for herself and a Mr. Wong. The learned magistrate disbelieved that evidence and indeed it is difficult to believe that the appellant had no knowledge of such a large quantity of drugs in her baggage.

3. The basis of this appeal has in effect been a plea for mercy. It has been said before that there can be a miscarriage of mercy as well as a miscarriage of justice. The drugs brought in by the appellant could have done inestimable damage and if those who are caught bringing drugs into the Colony are not heavily punished then there is no prospect of stamping out this illegal trade. Upon the findings of the learned magistrate - with which I have no reason to disagree - the sentences were proper ones.

4. The appeal is dismissed.

17th December, 1968.

Representation:

Appellant in person

Mr. Duckett for the Respondent