TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 27

THE FACTS

D.C. CASE NO. 101 of 1991

THE QUEEN

V-

NG PO LAM

RULING

1

hours

on

The facts of this case are that at approximately 0630

28th November 1990,

was the defendant

searched at Lok Fu Estate near Junction Road.

one polythene bag and

stopped and

On him were found

one cigarette packet which held

six

defendant The

was arrested

because

the

be

the

smaller packets.

contents of the polythene bag and the six smaller packets were

suspected to

by Upon analysis dangerous drugs.

Government Chemist, the contents were found to be 27.88 grammes

of a mixture which contained 14.44 grammes of salts of esters of morphine. The defendant was accordingly charged with one charge of possession of a dangerous drug for the purpose of unlawful trafficking therein contrary to S.7(1) and (2) of the Dangerous Drugs Ordinance Cap.134. To this charge the defendant has

"Not pleaded

admitted possession

admitted under were consumption.

Guilty"

but

The facts

own

his for

S.65C of the

Criminal Procedure Ordinance Cap.221 together with a Government Chemist's Certificate certifying that the quantity and packing as stated in the "Particulars of of the dangerous drug were

Offence".

At the close of the Crown's case, submissions were made that the presumptions under the Dangerous Drugs Ordinance