Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Magistrate's duty to warn under s.46
  • 8 Nov 1978

    LI MAN v. THE QUEEN

    Citation
    LI MAN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC1002/1978

    Because the magistrate did not record that he relied on the s.46 presumption nor show that he warned the appellant of its effect, and there was no independent evidence to support a finding of trafficking, the trafficking conviction could not stand and must be substituted by a conviction for simple possession with an appropriate concurrent sentence.