Fung Chi Keung v The Queen

Judgment Cited in Precedent Map Related
Judgment Date19 April 1968
Judgement NumberCACC157/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000157/1968 FUNG CHI KEUNG v. THE QUEEN

CACC000157/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 157 OF 1968

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BETWEEN
FUNG CHI KEUNG Appellant
AND
THE QUEEN Respondent

Coram: Huggins, J.

Date of Judgment: 19 April 1968

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JUDGMENT

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Huggins, J.: The appellant was one of two defendants charged jointly with unlawful possession of dangerous drugs. The other defendant pleaded guilty but the appellant pleaded not guilty and was convicted after a trial. He now appeals to this court against his conviction on the ground that there was no evidence that he was in possession of the drugs in question.

2. The evidence for the prosecution was that police officers on patrol saw the two men squatting in a lane. On seeing the police enter the lane both men stood up and a brown paper packet was found on the ground between them. This packet contained dangerous drugs. One witness said that the packet was on the ground half way between the two men, about one foot away from the appellant. Another witness said the packet was on the ground between the two defendants and about 1 to 1 1/2 feet away from the appellant. Two other packets of dangerous drugs were found upon the person of the other defendant. The appellant made an unsworn statement which contained nothing material to...

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