Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

In transit

  • 9 Apr 1998

    HKSAR v. LAU SUK HAN AND ANOTHER

    Citation
    HKSAR v. LAU SUK HAN AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC787/1997

    The Court of Appeal held that section 4(1)(a) of the Dangerous Drugs Ordinance, properly construed with the statutory definitions and the 1984 amendment, covers importation of dangerous drugs including drugs in transit unless the specific exceptions in s4(4)(b) apply; therefore there was a prima facie case of trafficking and the judge's discharge under s16 was erroneous.

  • 16 Feb 1983

    MCDONALD MACEON IRVING v. THE QUEEN

    Citation
    MCDONALD MACEON IRVING v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC870/1982

    Majority held the appellant's evidence comprised two separable assertions (that he believed the contents were coffee and that he intended to take the bag to Australia) and that the issue whether the drugs were in transit was not wholly incapable of belief and should have been left to the jury; accordingly the trafficking conviction was quashed and substituted with a conviction for unlawful possession.