Hong Kong Case Law: Decisions & Judgments

Topic

Presumption from quantity

Legal area

Court

31 Jan 1978

LEE SE-BIU v. THE QUEEN

Citation

LEE SE-BIU v. THE QUEEN
Court

Court of Appeal
Case number

CACC54/1978

The appeal was allowed in part because the learned magistrate overlooked the hypodermic syringe wrapped with the drugs when convicting for trafficking; that omission left a reasonable possibility the drugs were for personal use, so the proper conviction is unlawful possession of dangerous drugs and the sentence is reduced to 18 months' imprisonment to run from the date of conviction in the lower court.
10 Jun 1977

TONG CHI WAH v. THE QUEEN

Citation

TONG CHI WAH v. THE QUEEN
Court

Court of Appeal
Case number

CACC490/1977

Because the magistrate did not specify whether the trafficking conviction rested on inadmissible informer-related evidence or on the presumption from quantity, the trafficking conviction was unsafe; however, admitted evidence established possession of 35 packets and smoking, so the court substituted a conviction for simple possession and reduced the sentence to 12 months; the resisting arrest sentence was confirmed and the smoking conviction was upheld.
18 May 1972

CHAN PUI v. THE QUEEN

Citation

CHAN PUI v. THE QUEEN
Court

Court of Appeal
Case number

CACC242/1972

The magistrate's factual finding of possession was supported by police evidence and the quantity of drugs gave rise to the presumption of trafficking; the appellant's late change of defence claiming personal use was not permissible and provided no basis to disturb the conviction.

Hong Kong Case Law

LEE SE-BIU v. THE QUEEN

TONG CHI WAH v. THE QUEEN

CHAN PUI v. THE QUEEN