Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Burden of proof and silence
  • 13 Nov 2002

    HKSAR v. CHAN SAU HING AND ANOTHER

    Citation
    HKSAR v. CHAN SAU HING AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC211/2001

    On the evidence of identification, repeated presence at the fraudulent premises and multiple documents bearing the 2nd appellant's name within the conspiracy period, the only reasonable inference was her participation in the conspiracy; documents could be relied upon circumstantially without maker evidence; there was no impermissible reversal of burden; accordingly 2nd appellant's conviction affirmed. The 1st appellant, having given truthful evidence for the prosecution, was entitled to the usual cooperation discount and her sentence was reduced accordingly.