LI WAI LEUNG v. THE QUEEN

CACC000519/1971

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 519 OF 1971

-----------------

BETWEEN
	LI WAI LEUNG	Appellant
	and
	THE QUEEN	Respondent

-----------------

Coram: Pickering, J.

Date of Judgment: 1st September, 1971.

 

-----------------

JUDGMENT

-----------------

 

1. The appellant was convicted of possession of dangerous drugs for the purpose of unlawful trafficking and was sentenced to 9 months imprisonment. He appeals against conviction.

2. This appears to be another case decided before the decision of the learned Chief Justice in LEUNG Lin-luk v. Reg. (Criminal Appeal No. 564 of 1970) was generally known; the charge concerned a mixture containing salts of esters of morphine, and since that mixture did not also contain in the prescribed minimum quantity, the drugs specified in sub-sections (c)(vi) and (e) of s.46 of the Dangerous Drugs Ordinance, it follows that the statutory presumption of possession for the purpose of trafficking contained in the section did not in fact arise. The possession was, of course, at a date before the recent amendment of the Dangerous Drugs Ordinance filling the lacuna in the presumption of possession for the purpose of trafficking.

3. The conviction should have been for simple possession of dangerous drugs and I substitute that conviction for the conviction recorded and reduce the sentence of 9 months imprisonment to one of 4 months imprisonment.

 

Representation:

Appellant in person.

Winter, C.C., for Crown.