CHENG TSUNG v. THE QUEEN
HTML content
CACC000701/1968
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 701 OF 1968
-----------------
| BETWEEN | ||
| CHENG TSUNG | Appellant | |
| AND | ||
| THE QUEEN | Respondent |
Coram: Huggins, J.
Date of Judgment: 13 December 1968
-----------------
JUDGMENT
-----------------
Huggins, J:
1. This is an appeal against a conviction on a charge of unlawfully selling dangerous drugs. There was clear evidence before the magistrate by a constable who said that he personally handed a $5 note to the appellant and received drugs in exchange. The defence was that the appellant was going to buy dangerous drugs for his own use, that when he himself was still 30 yards away the drug peddler was arrested by the police and that the police then framed the appellant on the present charge.
2. The learned magistrate in a careful judgment considered this story and rejected it. The police were acting upon information received that someone was selling drugs and it was admitted that they found a man in possession of a large quantity of drugs. The magistrate thought it improbable that a man 30 yards away would have been arrested once the police had arrested the peddler.
3. The case turned entirely upon the credibility of the two police witnesses who were at the scene. The learned magistrate believed them and it is impossible for me to say that he was wrong.
4. The appeal is dismissed.
13th December, 1968.
Representation:
Appellant in person
Mr. Duckett for the Respondent