Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Knowledge element of possession

Legal area

Court

2 Sept 2014

HKSAR v. LIMBU UMESH

Citation

HKSAR v. LIMBU UMESH
Court

Court of First Instance
Case number

HCMA424/2014

The Magistrate, having properly considered the evidence including material inconsistencies in the appellant's accounts and the circumstances of the discovery (drug packet taped to the appellant's clothing), was entitled to conclude that the appellant knew of the drugs and was in possession; that finding was open on the evidence and not subject to appellate interference, so the conviction stands.
24 Apr 2001

HKSAR v. CHUI SIU WING

Citation

HKSAR v. CHUI SIU WING
Court

Court of First Instance
Case number

HCMA151/2001

The court upheld the magistrate's adverse credibility findings as amply supported by the evidence, accepted the inference that the appellant knew of the presence of the offensive weapons (except the piping), and concluded there was no basis to disturb the conviction on appeal.
26 Mar 1999

HKSAR v. WONG TIN LUNG

Citation

HKSAR v. WONG TIN LUNG
Court

Court of First Instance
Case number

HCMA21/1999

Although the magistrate's credibility findings and observation of the exhibits supported a finding that the appellant knew the bag contained knives, the prosecution's failure to disclose that Ko Kit's fingerprints were on one of the knives and inside the bag was material and amounted to a disclosure breach that rendered the conviction unsafe; accordingly the appeal must be allowed and the conviction quashed.