CHEUK SHING v. THE QUEEN

CACC000656/1968

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 656 OF 1968

BETWEEN
	CHEUK SHING	Appellant
	AND
	THE QUEEN	Respondent

Coram: Huggins J.

Date of Judgment: 26 November 1968

 

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JUDGMENT

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Huggins J:

1. The evidence in this case was about as short as it could be and no doubt it gave the magistrate the more anxiety because of that. A constable saw the appellant squatting on the pavement. He appears to have been suspicious of the appellant and asked him to stand up. Thereupon the appellant put his hand in his pocket and appeared to take something out. In the hand was found a packet of dangerous drugs. It was never suggested to the police officer that there was anybody else present but the appellant in his evidence said that there were many people there and that on the approach of the police they all ran away.

2. The appellant frankly admitted that he had been smoking dangerous drugs. A simple amendment, therefore, could easily have been made and the appellant would have been convicted on his own admission, but his story is that the police, having failed to catch the others who ran away, planted on the appellant a packet of drugs which had been thrown away by one of those who had fled. The appellant affirmed that he had no more dangerous drugs left when he was arrested.

3. I have no doubt the learned magistrate considered the possibility that the police, having failed to make an arrest and having found nothing on the appellant, might plant a packet of drugs on him and having heard the evidence he was satisfied that the evidence of the police officer was true. It is quite impossible for me to say that he ought not to have believed the police officer. The appeal must be dismissed.

 

26th November, 1968.

 

Representation:

Appellant in person

Mr. Alexander for the Respondent