TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 85

CONFIDENTIAL

Bill of Rights

List of Significant Court Decisions

01

Case

SIN Yau-ming

TAM V. WU

Nature

presumptions of possession of drugs for purpose of unlawful trafficking etc.

Provisions being challenged

S.46(c) and (d), 47(1)(c) and (d) and (3) of Dangerous Drugs Ordinance (DDO) (art. 11(1) of BOR).

Decision

repealed; upheld District Court decisions.

inter-citizen litigation, prohibition order to stop judgment debtor from leaving HK.

S.52E(1) District Court Ordinance (art. 8(2) of BOR)

not inconsistent with BOR; BCR not operate to

adversely affect

private

individuals;

Court

Court of Appeal

Court of Appeal

Impact/HKG's response

more difficult to bring prosecutions

will introduce amendments to DDO to limit damage to drug enforcement operations.

reinforce exclusion of inter-citizen disputes from BOR.

• QUAM CUAL M

Alick AU/Eddie SCH

right to legal aid

application for legal assistance under art 11(2)(d) of BOR after application rejected by Director of Legal Aid

reversed District Court decision.

ordered legal assistance to be provided in the interests of justice

High Court

-

bypassed the means test in the Legal Aid Ordinance and

had substantial financial implications;

will take suitable opportunity to

contest any similar future applicatione,