HKSAR v. HONG WAI NGAR

HCMA 1216/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1216 OF 2003

(ON APPEAL FROM TWCC 1515/2003)

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J U D G M E N T

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1. This Appellant was originally charged for possession of a dangerous drug and trafficking in a dangerous drug. After trial, she was found guilty of possession of a dangerous drug in respect of charge 1, not guilty of trafficking in respect of charge 2 but guilty of possession of a dangerous drug instead and she was sentenced to a term in DATC. The Appellant appeals against her conviction.

2. No formal grounds of appeal were filed. Today the Appellant applied for an adjournment to obtain copies of witness statements, which application was refused. In submissions relating to the appeal, she claimed there were doubts in the prosecution evidence. In particular, she complained about the way she was searched by the woman police officer at the time she was stopped and searched, saying it was impossible for the officer to have found the drug, given the type of clothing that the Appellant was wearing and given the position of the police officer vis-à-vis the Appellant.

3. I note that the Appellant was represented at the trial. I have considered the Magistrate's Statement of Findings, there was nothing shown in the Statement of Findings indicating the Magistrate erred in any way, in fact or law and accordingly, this appeal is dismissed.

Representation:

Mr Harish Melwaney, SGC of the Department of Justice, for the Respondent

The Appellant, acting in person

Remarks:
Application for leave to appeal by the appellant to Court of Final Appeal. Application dismissed. Please refer to the appeal judgment of FAMC000022/2004.