Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Presumption of possession (section 46)
  • 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.