判決理由書／裁決書撮要(由AI生成)
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The judgment states that on 22 August 2018 in Tin Shui Estate, Tin Shui Wai, New Territories, the defendant, together with another defendant, illegally trafficked 5.91 grams of crystalline solid containing 5.54 grams of methamphetamine hydrochloride. Officers intercepted the co-defendant in the same case, seized the white crystals and multiple items of suspected paraphernalia, and detected the defendant’s DNA on the relevant plastic bags and glass tube packaging. The following day, the police searched the defendant’s residence. Although no items related to the case were found, the forensic scientist confirmed that the defendant’s DNA was present on exhibits P1A and P3 to P8. The defendant denied the charges, and after trial the case proceeded to the judgment stage.
According to sections 4(1)(a) and 4(3) of the Dangerous Drugs Ordinance, the burden of proof rests entirely with the prosecution and must meet the standard of beyond reasonable doubt; the defendant is entitled to the presumption of innocence and the right to silence, and is not required to prove their innocence.
Although the defendant’s DNA was recovered, it could not be shown that they participated in the transportation or were aware of the nature of the substance, nor was cross-transfer of DNA excluded or the time and manner of contact explained; the evidence is insufficient to support a conviction.
The judge held that the prosecution lacked direct evidence linking the defendant to the co-defendant or demonstrating that they knowingly participated in the trafficking; as the benefit of the doubt lies with the defendant, a conviction is inappropriate.
The judge ruled that the defendant is not guilty of both trafficking a dangerous drug and an alternative count of possession of a dangerous drug, and acquitted the defendant. (Translated from Chinese to English by AI)
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