R. v. NG FEI HUNG

IN THE COURT OF APPEAL

1995, No. 354

(Criminal)

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J U D G M E N T

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Ching JA (giving the judgment of the Court):

1. The applicant was convicted of one count of trafficking in dangerous drugs and now applies for leave to appeal against that conviction.

2. The prosecution's case was as follows. The applicant was stopped and searched in the evening of 14th November, 1994. He was holding a plastic bag in which there were 14 packets containing a total mixture of 261.12 grammes of which 52.78 grammes were heroin hydroxide. When asked what it was, he said, "They are white power, give me a chance." He was then arrested and cautioned upon which he said, "Ah Sir, I bought (it) for my own consumption only, give me a chance." These statements were subsequently recorded at the police station and he signed the record as being true and voluntary. Later that night he gave a further statement in which he said he had bought the drugs a little over two hours earlier for $30,000 from a man identified only as "Sai Keung". He said it was for his own use. There was evidence that having regard to the purity the drugs were of a value of just over $105,000.

3. In his evidence the applicant asserted that he had not been carrying the drugs at all. They were in a nearby flower bed. He claimed that the statements were fabrications by the police who had beaten him. He was a drug addict who spent a few thousand dollars on drugs every month or about $100 to $200 per day. He was a decoration worker earning about $500 per day.

4. Before us the applicant has mentioned a number of matters which do not go at all to the gravamen of the offence. It was for the jury to say whether or not they accepted the prosecution's evidence. They were given a comprehensive and detailed summing up by the Judge and if the evidence of the prosecution were accepted by them it was overwhelming. Clearly they accepted that evidence. Nothing has been said to us to show that the verdict was in any way unsafe or unsatisfactory and this application for leave is dismissed.