Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession of prescribed articles

Legal area

Court

13 Aug 1993

THE QUEEN v. WONG TAM TAI AND ANOTHER

Citation

THE QUEEN v. WONG TAM TAI AND ANOTHER
Court

Court of First Instance
Case number

HCMA457/1992

The Court held the magistrate was entitled to disbelieve the appellants' explanations and to conclude beyond reasonable doubt that the television sets were supplied for smuggling rather than personal use; section 94A properly places the onus on the defendants to prove lawful excuse on the balance of probabilities, and even absent reliance on section 94A the magistrate's factual inferences were permissible, therefore convictions were upheld.
1 Jul 1993

THE QUEEN v. CHEUNG KAM HUNG

Citation

THE QUEEN v. CHEUNG KAM HUNG
Court

Court of First Instance
Case number

HCMA320/1993

Because the circumstantial evidence did not exclude the real possibility that at least some of the television sets were intended for personal use by the crew, a mixed intent existed and the inference of resale was not the only available inference; the conviction was therefore unsafe and was quashed.
1 Jul 1992

THE QUEEN v. NG CHOI YAU

Citation

THE QUEEN v. NG CHOI YAU
Court

Court of First Instance
Case number

HCMA262/1992

The original sentences were inadequate given the commercial nature and scale of the offences and prevailing sentencing practice; the appropriate range for substantial offences is 12–15 months, and the court substituted sentences of 12 months and 3 months to run concurrently.