28 Apr 1999
HKSAR v. CHUI CHI WAI AND ANOTHER
- Citation
- HKSAR v. CHUI CHI WAI AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC338/1998
The trial judge materially misdirected the jury on the law of possession and the effect of s.47(2), giving the impression that a mistaken belief as to the contents (e.g. believing tablets to be sweets or aspirin) could not be a defence; the misdirection made the convictions unsafe, the proviso could not be applied, convictions and sentences were quashed and a retrial on a fresh indictment was ordered.