HKSAR v. CHAN KI FUNG AND ANOTHER

HKSAR v. CHAN KI FUNG AND ANOTHER

Both defendants have a case to answer: D2 because the Court of Appeal found the documentary evidence established a prima facie case and the present unchallenged admitted facts maintain that position; D1 because his collection of the parcel and WhatsApp communications show such involvement that a jury could infer he knew the parcel contained dangerous drugs.

Citation
[2024] HKCFI 671
Parties
Prosecution: HKSAR; Defendant: 1st defendant (D1); Defendant: 2nd defendant (D2)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2024
Case Number
HCCC196/2021
Procedural Posture
Criminal Drug Trafficking / Close of Prosecution Case; Application for No Case to Answer / Section 16 Consideration
Outcome
Both defendants ruled to have a case to answer; no dismissal of charges at this stage
Legal Topics
No Case to Answer, Joint Enterprise, Knowledge/mens Rea, Prima Facie Case, Section 16 Criminal Procedure Ordinance (cap 221)
Source Language
EN
Criminal Law Drug Trafficking Law Evidence Law No Case to Answer Joint Enterprise Knowledge/mens Rea Prima Facie Case Section 16 Criminal Procedure Ordinance (cap 221)

Case Brief

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Parties

HKSAR

Prosecution

1st defendant (D1)

Defendant

2nd defendant (D2)

Defendant

Procedural Posture

Criminal Drug Trafficking / Close of Prosecution Case; Application for No Case to Answer / Section 16 Consideration

Legal Issues

  1. 1 Whether there is sufficient evidence for a properly directed jury to be sure the defendants knew the parcel contained dangerous drugs
  2. 2 Whether the defendants participated in a joint enterprise to traffic dangerous drugs
  3. 3 Whether the section 16 test/no case submission should succeed on the existing evidence

Ratio Decidendi

Both defendants have a case to answer: D2 because the Court of Appeal found the documentary evidence established a prima facie case and the present unchallenged admitted facts maintain that position; D1 because his collection of the parcel and WhatsApp communications show such involvement that a jury could infer he knew the parcel contained dangerous drugs.

Court Disposition

Both defendants ruled to have a case to answer; no dismissal of charges at this stage

Orders

  • D2 has a case to answer
  • D1 has a case to answer