8 Apr 2005
Although the offence is one of absolute liability under the statutory scheme, on the facts the Appellant granted permission subject to the condition that the vehicle be insured; that condition was unfulfilled and therefore no legal permission was given, so the conviction could not stand.
7 Feb 1986
Magistrate erred in law in applying Chong Chiu; on the uncontested facts (videos placed on vessel bound for Taiwan, no export licence, defendant as master agreeing to convey them) the evidential presumption under s.34 applied and the evidence sufficed to convict the respondent of conspiracy to export prohibited articles; conviction entered though no sentence imposed as respondent returned to Taiwan.
22 Jan 1985
A document can constitute a 'manifest' for the purposes of the Import and Export Ordinance even if it does not contain every single prescribed particular; omissions or inapplicable particulars do not automatically render cargo 'unmanifested' under section 18 and may instead attract the separate regulatory offence under Regulation 11(5); accordingly the Magistrate was correct to treat the Import Declaration as a (possibly defective) manifest and to dismiss the charge.