Hui Chau Chung v. The Queen

CACC000764/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 764 OF 1972

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Coram: Huggins, J.

Date of Judgment: 1st December, 1972.

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JUDGMENT

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1. The Appellant was charged with unlawful possession of a dangerous drug. A police constable said he saw him standing in the street as if he were waiting for someone: he searched the Appellant and found in his shirt pocket a match-box containing two purplish red packets: he arrested the Appellant and these packets were found to contain dangerous drugs.

2. The Appellant's defence was that no drugs were ever found on him and that he was never searched. He was questioned by the police officer, he says, and it was alleged that he was a drug addict: he was asked if he had taken wine and was told that the officer wanted him to have a saliva test. This conversation was said to have been overheard by another man, who was called as a witness but said he did not overhear the conversation and, in particular, heard nothing about the saliva test.

3. The learned magistrate believed the prosecution witness and said that the defence raised no doubt whatever as to the Appellant's guilt. In my view the evidence was such that he was entitled to come to that conclusion and the appeal must be dismissed.

1st December, 1972.

Representation: