香港特別行政區 訴 賈振偉及另一人

香港特別行政區 訴 賈振偉及另一人

A1’s unequivocal admission that he did not know the nature of the oil justified the inference that his authorised keeper likewise did not know, breaching reg 132 and sustaining conviction; A2, as licence holder, allowed illegal transshipment by failing to take reasonable steps to secure the tanker (presence of...

Source-derived case information.

Citation
[2025] HKCFI 2753
Parties
Respondent (prosecution): Hong Kong Special Administrative Region; First Appellant (originally Second Defendant): Ka Chun Wai (A1); Second Appellant (originally Third Defendant): Mo Sung Sham (A2)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 June 2025
Case Number
HCMA94/2024
Procedural Posture
Criminal Appeal Against Conviction / Court of First Instance Appeal (conviction Appeal)
Outcome
Appeals dismissed; convictions and sentences affirmed
Legal Topics
Dangerous Goods Legislation, Strict Liability Offences, License Conditions and Permitting, Evidential Burdens and Inferences, Appeal Against Conviction
Source Language
ch
Criminal Law Regulatory Offences Public Safety Statutory Interpretation Dangerous Goods Legislation Strict Liability Offences License Conditions and Permitting Evidential Burdens and Inferences +1 more

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Parties

Hong Kong Special Administrative Region

Respondent (prosecution)

Ka Chun Wai (A1)

First Appellant (originally Second Defendant)

Mo Sung Sham (A2)

Second Appellant (originally Third Defendant)

Procedural Posture

Criminal Appeal Against Conviction / Court of First Instance Appeal (conviction Appeal)

  1. 1 Whether A1 knew the nature of the dangerous goods and whether his authorized keeper knew such nature as required by Cap.295G reg 132
  2. 2 Whether the trial judge improperly shifted the burden of proof onto A1
  3. 3 Whether A2 as licence holder ‘permitted’ illegal transshipment by failing to take reasonable steps to prevent it under Cap.295 s9B and s15

Ratio Decidendi

A1’s unequivocal admission that he did not know the nature of the oil justified the inference that his authorised keeper likewise did not know, breaching reg 132 and sustaining conviction; A2, as licence holder, allowed illegal transshipment by failing to take reasonable steps to secure the tanker (presence of intact locks and availability of keys to start and open shutdown valves and strong inferential evidence of ongoing illegal transshipment), thereby contravening licence condition s9B; both convictions are safe beyond reasonable doubt.

Court Disposition

Appeals dismissed; convictions and sentences affirmed

Orders

  • Appeals by A1 and A2 dismissed
  • Convictions for A1 and A2 upheld