TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 30

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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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