R. v Lee Charm Kuen

CourtCourt of Appeal (Hong Kong)
Judgment Date15 March 1996
Judgement NumberCACC203/1995
Subject MatterCriminal Appeal
CACC000203/1995 R. v. LEE CHARM KUEN



1995, No. 203

THE QUEEN Respondent


Coram: Hon Nazareth, V.-P., Mortimer and Liu, JJ.A.

Date of Hearing: 15 March 1996

Date of Judgment: 15 March 1996




Nazareth, V.-P. (giving the judgment of the Court) :

1. The appellant, Lee Charm-kuen, was convicted by Deputy Judge McKee in the District Court on 14th March 1995 on two counts of trafficking in a dangerous drug contrary to ss.4(1)(a) and (3) of the Dangerous Drugs Ordinance. He was sentenced on the first count to imprisonment for 3 years and on the second count to imprisonment for 6 years, to run concurrently. He appeals against the convictions and also seeks leave to appeal against sentence.

2. The particulars of the first offence were that on 6th July 1994 outside the entrance of Block 23, Tai Po Centre, Tai Po, he unlawfully trafficked in a dangerous drug, namely 15.62 grammes of a mixture containing 3.77 grammes of salts of esters of morphine. The second offence was that on the same day, 6th July 1994, inside Flat H, 13th floor, Block 23, Tai Po Centre, Tai Po, he unlawfully trafficked in a dangerous drug, namely 132.01 grammes of a mixture containing 27.49 grammes of salts of esters of morphine. The estimated value of these drugs was about $20,000.

3. The prosecution case, which in the end the Deputy Judge accepted was that a team of police officers were on surveillance outside Flat H of the Tai Po Centre. They saw the appellant leave the flat and two of them followed him and stopped and searched him on the ground floor of the building. The dangerous drugs specified in the first charge were found on him. Keys also found in his possession were used to enter Flat H where further dangerous drugs were found. These two separate seizures are the subject of the offences specified in the two charges.

4. In the flat there was a Chinese female, Ng Yuk-lin. The Deputy Judge accepted that she was not involved in the matter. While he was in the living room of the flat to which he was taken, the appellant said to the police "you don't have to search her - the things are all in my room". He then went to an adjoining room and pointed to a drawer at the base of a bed. Drugs and other paraphernalia were found. The appellant was cautioned and in reply said the white powder was all his and the female had nothing to do with it. He requested that she should not be arrested. The two of them together with the...

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