8 Mar 2023
HKSAR v. HUSNAIN ARIF
- Citation
- [2023] HKCFI 698
- Court
- Court of First Instance
- Case number
- HCMA210/2022
On rehearing the court found a reasonable doubt as to whether the appellant was acting in the course of employment because the prosecution failed to adduce sufficient proven facts connecting the boxes and their contents to an employer or to an ongoing unloading operation by the appellant; photographic evidence was taken long after interception and did not establish ownership, weight or commercial purpose of the boxes, and there was no evidence of handling aids, transportation documentation or a receiving premises to justify an irresistible inference of employment; accordingly guilt was not pr…