TNAG-2326-FCO40-3370-Hong-Kong-Bill-of-Rights-policy-1991 — Page 6

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RESTRICTED

3

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Reverse onus provisions in the Dangerous Drugs Ordinance

7.

Section

46 of

the Dangerous

provides

that

had in his

Ordinance

any person who is proved or presumed to have any dangerous drug in excess of an possession

Drug

amount specified in the section shall, unless the contrary

is proved,

be

presumed

purposes of trafficking.

to

have

had

such drugs for the

8.

Section

47 (1)

is proved

provides,

inter

who

to have had person custody or under his control -

alia,

that any

in his possession of

9.

proved

any

place Of

premises

part

of any place or premises in which a dangerous drug is found;

Or

premises

the key of any place or premises or part of any

in which place

a dangerous drug is found, shall, until the contrary is proved, be presumed to have had such drug in his possession.

Section

or

presumed

47 (3) also provides that any person who is

have to

had

a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of such drug.

10.

Article

11 (1) of the BOR provides that everyone charged with a criminal offence should have the right to be presumed innocent until proved guilty according to law.

11.

R.V.

Leung

(D.C.

Case

In R.V. Ng Po-lam (D.C. Case No 131 of 1991) and

Ping Lam

No 235 of 1991), Deputy

Judge Wong ruled

that statutory presumptions contained in (c) and (d) and s.47(1)(c), (d) and 17 (3) of Drug Ordinance were in violation of Article 11(1) of the BOR and had been repealed by s.3 (2) of this 30R.

S.46 (b),

Dangerous

the