4 May 2009
HKSAR v. LUI WING CHEUNG
- Citation
- HKSAR v. LUI WING CHEUNG
- Court
- Court of First Instance
- Case number
- HCMA623/2008
Magistrate's credibility findings that no superior granted authority were upheld on rehearing; appellant's assertions of permission and mistaken belief were unsupported by evidence and contradicted by hospital and supervisory testimony, and atropine was not supplied at the prison so s.23 liability stands; sentencing adjusted where appropriate – custodial sentence for possession in locker (quantity and bags indicative of supply) was justified, but lesser penalties fit for the minor on-person tablets and for possession of atropine as a Part 1 poison.