HKSAR v. LIMBU UMESH

HCMA 424/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 424 OF 2014

(ON APPEAL FROM KCCC 1290 OF 2014)

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J U D G M E N T

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1.  This Appellant appeals against his conviction after trial in the Magistrates Court on a charge of simple possession of dangerous drugs. The drugs consisted of 0.94 grammes of a crystalline solid containing methamphetamine hydrochloride (a salt of methamphetamine). They were contained in a transparent re-sealable plastic bag. That bag of drugs was found by a police officer, upon a “stop and search” of the Appellant in the street, taped to the rear of a T-shirt which the Appellant was wearing under a coat. Upon interview by the police and later in the witness-box, the Appellant denied knowledge of the drugs.

2.  As to the details of the account which the Appellant gave as to how the bag of drugs became attached to his T-shirt without his knowledge, there was a difference between what the Appellant said at the interview and what he said in the witness-box.  The Magistrate considered, and was entitled to consider, that difference to be material.  He, after a careful consideration of the evidence and submissions, felt sure that there was no truth in the Appellant’s denial and that the irresistible inference was that the Appellant knew of the drugs and was in possession of them.  That is a view of the facts which the evidence permitted, and there is no error in how the Magistrate approached the evidence and submissions.

3.  Therefore there is no basis on which is conviction can properly be disturbed.  Accordingly, the appeal is dismissed.

(V Bokhary) Judge of the Court of First Instance High Court