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S.46 OF THE DANGEROUS DRUGS ORDINANCE CAP 134
have a
S.7 of the DDO makes it an offence for a person to
dangerous drug in his possession for the purpose of
The offence under S.7 therefore unlawful trafficking therein.
dangerous
consists
of
two elements, namely,
'possession of
drug', and 'for the purpose of unlawful trafficking therein'.
S.47 of the DDO, titled "Presumption of possession and
Crown with
two
knowledge
provides the of dangerous drug", provides
presumptions which it may invoke to prove that an accused was in
that he knew what he possession of the dangerous drug and
possessed was a dangerous drug (S. 47(1) to (3)).
S.46 of the DDO, titled "Presumption concerning
possession of dangerous drug for the purpose of trafficking therein", sets out a variety of dangerous drugs with their
respective quantities. The parts of S.46 relevant to this case
provides that:
"any person who is proved or presumed to have had in his possession more than
(c)
(d)
-
5 packets...containing...either alone or..in a preparation, mixture, extract or other material
...(v) a salt of an ester of morphine; one half gram of...either alone or contained in
extract mixture,
or other a preparation,
material--(v) a salt of an ester of morphine... shall, until the contrary is proved, be presumed to have had such a dangerous drug in his possession for the purpose of trafficking therein".
Hence when an accused has been proved or presumed to have had in his possession more than what is prescribed in S.46 (c) or (d),
the
onus
shifts
to
him to
on
the
balance
of
prove,
probabilities, that he did not possess the dangerous drug for
the purpose of trafficking therein.
Crown
is
a case
against an
accused under S.7,
the
Το raise
only required to establish the primary
the primary facts which
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