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BILL OF RIGHTS (BOR)
SIGNIFICANT COURT DECISIONS - JANUARY 1992
pangerous Drugs Ordinance. Cap. 134
In SIN Yau-ming (HC 289/90) the CA ruled on 30th September 1991 that the following presumptions had been
repealed by the BOR on its commencement date (8.6.91):- provisions Sections 46(C) and (d), 47(1)(c) and (d) and (3). The provisions concern (a) a presumption shifting to the accused of the burden of proving that he does not possess drugs for the purpose of unlawful trafficking if he has been found in possession of more than prescribed minimum amounts; and (b) presumptions of possession and knowledge of dangerous drugs under certain specified
conditions. HKG intends to introduce amendments to Cap.134
and similar amendments to the Acetylating substances (Control) Ordinance (Cap. 145), providing for controls over
to precursors,
limit the damage
to done
enforcement operations.
heroin
Firearms and Ammunition ordinance, Cap. 238
2.
drug
In RV TAU Ting--an (DC 222/91) Deputy Judge
Eccletion ruled on 15.11.91 that:-
(1)
in Section 24 of Cap. 238 were
BOR.
(The presumptions
the presumptions
repealed by the stipulate that any person who has under his control any place or premises in which any arms and ammunition are found shall be presumed to
such arms and ammunition until
have possessed
the contrary is proved.
presumptions
Given that the
are in very similar terms to those
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