Cheng Hon Ming v. The Queen

CACC000772/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 772 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 appeals against a conviction for unlawful possession of a dangerous drug. The ground of his appeal is stated to be that there was no evidence or no sufficient evidence whereon to found the conviction, but all that the Appellant had said to me is that he never was in possession of dangerous drugs.

2. I am satisfied that there was evidence which, if believed, justified a conviction. He was searched by a police officer in the street and a packet of dangerous drugs was found in his trousers pocket. The Appellant's defence was that this was completely untrue, that he had been delivering rice for a restaurant and that on his way back several police officers in uniform started to chase him: he ignored them but was caught: he was asked if he had white powder and denied it, inviting the police to search him - and he says that when he was searched nothing was found.

3. The learned magistrate was entitled to believe to believe the police witnesses if he was satisfied (as he was satisfied) that they were telling the truth.

4. The appeal is dismissed.

1st December, 1972.

Representation: