The Official Journal of The Law Society of Hong Kong – (Feb 2020)



HKSAR-v-Lai Kam Fat

[2019] HKCFA 36

Court of Final Appeal

Ma CJ, Fok PJ, Ribeiro PJ, Cheung PJ, Reed NPJ

18 October 2019


Conspiracy and knowledge of specific drug


Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was arrested nearby. Certain items were seized from the appellant which associated him with the first arrested man and the parcels. The appellant was charged with one count of conspiracy to traffic in a dangerous drug, namely cocaine. The appellant pleaded not guilty. At trial, the appellant maintained that he was asked by another co-conspirator to receive the parcels. He did not know that the parcels contained dangerous drugs. The trial judge directed the jury that the prosecution only needed to prove that the appellant knew the parcels contained a dangerous drug and that the prosecution did not need to prove knowledge of the type of drug. The jury unanimously found the appellant guilty and he was sentenced to 29 years’ imprisonment. The Court of Appeal dismissed the appellant’s application for leave to appeal against his conviction.


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