Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory presumption (dangerous drugs ordinance)
  • 11 Sept 1986

    THE QUEEN v. CHAN PING AND ANOTHER

    Citation
    THE QUEEN v. CHAN PING AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC277/1986

    For the 1st applicant leave to appeal was refused: his conviction and sentence were upheld. For the 2nd applicant the majority held the prosecution had not established the necessary foundation to trigger the statutory presumption of possession under the Dangerous Drugs Ordinance at the close of the prosecution case: the insurance policy's signature and attribution to her were not sufficiently proved and mere presence/asleep on the bed did not establish possession, custody or control; accordingly her conviction was quashed and sentence set aside.