Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rebuttable presumption under s.47 dangerous drugs ordinance

  • 19 Dec 1997

    HKSAR v. CHAN CHOR YIM

    Citation
    HKSAR v. CHAN CHOR YIM
    Court
    Court of Appeal
    Case number
    CACC435/1997

    Any putative misdirection did not result in a miscarriage of justice because the judge made clear that proof was to be assessed on the whole of the evidence and the only reasonable inference from the very large quantity of drugs was possession for the purpose of trafficking; accordingly leave to appeal was granted but the appeal was dismissed and the conviction and 23-year sentence were upheld.

    • Possession
    • Rebuttable presumption under s.47 dangerous drugs ordinance
    • Inference of trafficking
    • Judicial direction
    • Appellate proviso

  • 31 Aug 1995

    THE QUEEN v. HU TIAN YUE

    Citation
    THE QUEEN v. HU TIAN YUE
    Court
    Court of Appeal
    Case number
    CACC636/1994

    The Court refused leave to adduce the proposed fresh evidence as speculative and not likely to affect the verdict, and held the trial judge had properly directed the jury that possession, knowledge and that the possession was for the purpose of trafficking had to be proved; accordingly the conviction was safe and the application for leave to appeal was dismissed.

    • Trafficking in dangerous drugs
    • Possession and knowledge
    • Fresh evidence
    • Rebuttable presumption under s.47 dangerous drugs ordinance
    • Jury directions