5 Oct 1989
THE QUEEN v. CHEUNG HING-FAT
- Citation
- THE QUEEN v. CHEUNG HING-FAT
- Court
- Court of First Instance
- Case number
- HCMA822/1989
The magistrate erred by not considering all the evidence when assessing whether the statutory presumption of trafficking was rebutted; on proper application of the balance of probabilities the small quantity and surrounding circumstances made personal consumption more probable than trafficking, so the trafficking conviction must be set aside and substituted with a conviction for simple possession under section 8; sentence accordingly altered and immediate release ordered.