2. If drugs are found in a flat associated with the defendant, does that prove that the defendant is in possession of them?

2. If drugs are found in a flat associated with the defendant, does that prove that the defendant is in possession of them? 

If dangerous drugs are found in a flat associated with the defendant, it does not necessarily prove that the defendant is in possession of them. Other circumstances such as other occupants, the defendant’s degree of access, the defendant’s use of the premises may affect whether an irresistible inference can be drawn as to the defendant’s possession of the dangerous drugs. The key is whether the defendant knew of the presence of the drugs and had some control over it.  

However if an owner, tenant, occupier or person in charge of a premises permit or suffer that premises to be used as a divan, or for unlawful trafficking, manufacturing or storage of dangerous drugs, he will be guilty of an offence under section 37 of the Dangerous Drugs Ordinance, and liable to a maximum fine of $5,000,000 and imprisonment for 15 years on indictment, and a maximum fine of $500,000 and imprisonment for 3 years on summary conviction.  An offence under this section also covers principals and agents who knowingly let or agree to let premises to use as a divan or for unlawful trafficking, manufacturing or storage of dangerous drugs.