The Weekly Law Reports
[1980] 3 WLR 855
[PRIVY COUNCIL]
ONG AH CHUAN APPELLANT AND PUBLIC PROSECUTOR RESPONDENT
KOH CHAI CHENG APPELLANT AND PUBLIC PROSECUTOR RESPONDENT
[APPEALS FROM THE COURT OF CRIMINAL APPEAL OF SINGAPORE]
1980 July 21,
22,
23,
24;
Oct. 15
Oct. 15
Lord Diplock, Lord Keith of Kinkel, Lord Scarman and Lord Roskill
Singapore
— Crime
— Drugs
— Trafficking
— More than two grammes of heroin conveyed by car
— Whether “transport”
— Statutory presumption of “trafficking” when in possession of more than two grammes of heroin
— Whether rebutted
—
Misuse of Drugs Act 1973 (No. 5 of 1973), ss. 2 (a), 3, 10, 15 (as amended by Misuse of Drugs (Amendment) Act 1975 (No. 49 of 1975), ss. 3, 5)
Singapore
— Constitution
— Statutory rebuttable presumption
— Possession of more than two grammes of heroin presumed trafficking
— Whether unconstitutional
— Whether death sentence for trafficking in more than 15 grammes of heroin unconstitutional
—
Constitution of Republic of Singapore (reprint March 31, 1980), arts. 9 (1), 12 (1)
—
Misuse of Drugs Act 1973, ss. 15, 29 (as amended by Misuse of Drugs (Amendment) Act 1975, ss. 5, 9, 13)