26 Feb 1980
CHAN KING-MAN AND OTHERS v. THE QUEEN
- Citation
- CHAN KING-MAN AND OTHERS v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC131/1979
The Court held that the statutory presumptions under ss.46 and 47 were properly engaged by the proved facts (keys, tenancy, drugs and paraphernalia); the burden then lay on each defendant to rebut those presumptions on the balance of probabilities. On the evidence the judge was entitled to find that D3 (CHAN King-man) and D4 (CHOW Ka-suen) failed to rebut and their appeals were dismissed, while in the particular circumstances of D5 (SHUM Yee-ling) — her age, limited access/use of the premises, separate room and surrounding facts — the conviction was unsafe and was quashed. The District Judge'…