TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 5

Reverse onus provisions in the Dangerous Drugs Ordinance

7.

Section 46 of the Dangerous Drug Ordinance provides that any person who is proved or presumed to have had in his possession any dangerous drug in excess of an

amount specified in the section shall, unless the contrary

is proved, be presumed to have had such drugs for the

purposes of trafficking.

8.

Section 47(1) provides, inter alia, that any

person who is proved to have had in his possession or

custody or under his control

9.

f

proved

any place of premises or part of any place or

premises in which a dangerous drug is found;

the key of any place or premises or part of any place or premises in which a dangerous drug is found, shall, until the contrary is proved, be

presumed to have had such drug in his possession.

Section 47(3) also provides that any person who is or presumed to have 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.

In R.V. Na Po-lam (D.C. Case No 101 of 1991) and

R.V. Leung Ping Lan (D.C. Case No 235 of 1991), Deputy Judge Wong ruled that statutory presumptions contained in S.46 (b),

(c) and (d) and s.47(1)(c), (d) and 47(3) of the Dangerous Drug Ordinance were in violation of Article 11(1)

of the BOR and had been repealed by s.3(2) of the BOR,

Restricted