Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Defendant's election not to give evidence
  • 20 Mar 2003

    HKSAR v. TSANG CHI HUNG

    Citation
    HKSAR v. TSANG CHI HUNG
    Court
    Court of Appeal
    Case number
    CACC440/2002

    Given the applicant was the lawful tenant, present at the premises when infringing items and drugs were found, there was no evidence of lawful subletting or licence and the applicant elected not to give evidence to explain his presence, the trial judge properly drew the only permissible inference that the applicant knew of and was in possession of the items; those inferences satisfied the burden of proof and the convictions were safe.

    • Possession
    • Control
    • Knowledge
    • Possession for trade or business
    • Evaluation of circumstantial evidence
    • Defendant's election not to give evidence