Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Credibility of witness and absence of forensic evidence
  • 17 Feb 2004

    HKSAR v. LAM YAN MNG

    Citation
    HKSAR v. LAM YAN MNG
    Court
    Court of First Instance
    Case number
    HCMA1078/2003

    Appeal dismissed: s20(2) punishes acts emulating a triad member and does not require formal membership provided defendant intended to act as a member; the detailed conversation constituted an offer or act preparatory to trafficking under s4(1)(c); and the trafficking conviction was sustainable because the appellant believed the substance to be a dangerous drug despite absence of forensic testing.

    • Societies ordinance s20(2) - acting as a member of a triad society
    • Dangerous drugs ordinance s4(1)(c) - act preparatory to trafficking and belief in substance
    • Mens rea and actus reus
    • Credibility of witness and absence of forensic evidence