7 Jul 2010
HKSAR v. HO KA KEI
- Citation
- HKSAR v. HO KA KEI
- Court
- Court of Appeal
- Case number
- CACC378/2009
The Court held the prosecution did not prove beyond reasonable doubt that the purpose of possession was trafficking because the quantity and surrounding circumstances were consistent with the applicant's credible explanation of recent purchase for personal consumption; accordingly the conviction for trafficking was unsafe and was set aside and substituted with a conviction for possession contrary to section 8 Cap 134, with directions for a section 54A rehabilitation report.