Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Dangerous drugs ordinance s47 presumptions

Legal area

Court

8 Dec 2011

HKSAR v. DE CUIRTEIS, SEAN ROBAIRD

Citation

HKSAR v. DE CUIRTEIS, SEAN ROBAIRD
Court

Court of First Instance
Case number

HCMA270/2011

The magistrate's credibility findings rejecting the appellant's and DW2's account were reasonable and unassailable; absent that innocent explanation, the presence of the packet in the appellant's rear pocket permitted irresistible inferences of knowledge and possession, and negative urine tests taken a week later were not probative; appeal dismissed.
6 Nov 2006

HKSAR v. MOK SWEE CHUAN AND ANOTHER

Citation

HKSAR v. MOK SWEE CHUAN AND ANOTHER
Court

Court of Appeal
Case number

CACC22/2004

D1's conviction and sentence were quashed because the summing up contained a material misdirection about the presumptions in s47 which, following the Court of Final Appeal in HKSAR v Hung Chan‑wa, impose only an evidential burden; the respondent did not invoke the proviso. D2's application to treat his abandonment as a nullity was dismissed because his affirmations demonstrated the abandonment was a deliberate and informed decision.