27 Jul 1992
THE QUEEN v. LUM WAI MING
- Citation
- THE QUEEN v. LUM WAI MING
- Court
- Court of First Instance
- Case number
- HCCC75/1991
The amended s.47(1)(c) (presumption based on possession of keys to a motor vehicle containing drugs) fails the threefold test (rational connection, proportionality, minimum impairment) and is inconsistent with Article 14.2 ICCPR as applied to Hong Kong and therefore ultra vires Article VII(3) of the Letters Patent and must be repealed; the amended provisions using 'physical possession' and s.47(1)(a),(b) and s.47(2) are sufficiently narrowed, justified on the balance of probabilities in the context of Hong Kong's need to combat drug trafficking, and are upheld.