THE QUEEN v. LEE KWONG MING

THE QUEEN v. LEE KWONG MING

Convictions founded on statutory presumptions under s.46 which had been repealed by the Bill of Rights Ordinance as from 8 June 1991 are invalid; therefore the convictions for trafficking are quashed and substituted with convictions for simple possession under s.8, and sentences are quashed and substituted to permit immediate release.

Citation
THE QUEEN v. LEE KWONG MING
Parties
Prosecution: The Queen; Appellant/accused: Lee Kwong Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 April 1992
Case Number
HCMA176/1992
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Conviction Judgment on Appeal
Outcome
Convictions quashed and substituted for simple possession; sentences quashed and substituted to enable immediate release
Legal Topics
Trafficking, Possession, Statutory Presumptions, Dangerous Drugs Ordinance S.46, Effect of Bill of Rights Ordinance, Leave to Appeal Out of Time, Substitution of Conviction and Sentence
Source Language
EN
Criminal Law Narcotics/drugs Law Constitutional Law Appellate Procedure Trafficking Possession Statutory Presumptions Dangerous Drugs Ordinance S.46 +3 more

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Parties

The Queen

Prosecution

Lee Kwong Ming

Appellant/accused

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Conviction Judgment on Appeal

Legal Issues

  1. 1 Whether convictions based on statutory presumptions under s.46 which were repealed by the Bill of Rights Ordinance (as held in Sin Yau Ming) are invalid
  2. 2 Whether convictions can be substituted for simple possession and sentences quashed where presumptions were wrongly applied
  3. 3 Whether applications for leave to appeal out of time based on the repeal of presumptions should be dealt with promptly

Ratio Decidendi

Convictions founded on statutory presumptions under s.46 which had been repealed by the Bill of Rights Ordinance as from 8 June 1991 are invalid; therefore the convictions for trafficking are quashed and substituted with convictions for simple possession under s.8, and sentences are quashed and substituted to permit immediate release.

Court Disposition

Convictions quashed and substituted for simple possession; sentences quashed and substituted to enable immediate release

Orders

  • Convictions in Mag. App. No.176/92 and Mag. App. No.226/92 quashed
  • Convictions substituted in each case for simple possession under s.8 of the Dangerous Drugs Ordinance, Cap.134