12 Dec 2005
HKSAR v. CHAN KA KIN AND ANOTHER
- Citation
- HKSAR v. CHAN KA KIN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC474/2004
The Court held the trial judge's directions on inference, separation of charges and possession were adequate and the convictions were safe; however the prosecution failed to prove the prevalence of the specified offence required to trigger s27 OSCO, so the s27 enhancements were unjustified and were set aside; Tam Wai-pio principle governs calculation of s27 enhancement and Lai's sentence was reduced accordingly.