Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession and presumption of knowledge
  • 20 Jun 1985

    THE QUEEN v. LAM HING NAM AND OTHERS

    Citation
    THE QUEEN v. LAM HING NAM AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC432/1984

    The Court held that the trial judge was entitled to dismiss D6's defence and find the presumption under section 47 not rebutted, so D6's conviction was safe; but D7's conviction was unsafe because improper cross-examination on an antecedents statement created a real possibility that the judge's adverse credibility finding was influenced by that misuse, and because of delay and the short sentence already served a retrial was inappropriate, so D7's conviction and sentence were quashed.