TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 77

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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repealed by the BOR on its commencement date (8.6.91):- provisions Sections 46(C) and (d), 47(1)(c) and (d) and (3).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repealed by the stipulate that any person who has under his control any place or premises in which any arms and ammunition are found shall be presumed to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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