Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 17 Jan 1990

    ATTORNEY GENERAL v. TO KWONG CHUN

    Citation
    ATTORNEY GENERAL v. TO KWONG CHUN
    Court
    Court of First Instance
    Case number
    HCMA525/1989

    The court held that under the Dangerous Drugs Ordinance taking dangerous drugs out of Hong Kong constitutes 'export' and therefore falls within the statutory definition of 'trafficking' irrespective of an intention to consume the drugs abroad; the learned magistrate was legally wrong to find otherwise and was bound by the majority decision in R v Lau Chi-sing.

  • 26 Feb 1987

    THE QUEEN v. LAU CHI SING

    Citation
    THE QUEEN v. LAU CHI SING
    Court
    Court of Appeal
    Case number
    CACC567/1986

    By a majority the Court held that under the Hong Kong Dangerous Drugs Ordinance the statutory definition of 'trafficking' together with the definition of 'export' covers taking dangerous drugs out of Hong Kong; therefore knowing possession plus taking out of the Territory constitutes exporting and falls within trafficking under s.2 and s.4, irrespective of claimed personal consumption; the presumption in s.46 is irrelevant to an export charge though quantity may mitigate sentence.