20 Sept 2019
HKSAR v. FAN STEPHANIE WINNIE
- Citation
- [2019] HKCFI 2319
- Court
- Court of First Instance
- Case number
- HCMA240/2019
s39C(12) does not create a statutory presumption shifting the legal burden of proof; however, the court accepts the R v Moreau rationale that where legislature has approved specific instruments the legislative scheme implicitly allows for inherent inaccuracy and general evidence of inherent margin of error in approved devices will not, by itself, rebut the probative force of an approved device's certified result; specific evidence that the particular instrument was defective or unreliable at the material time is required to displace the prosecution's prima facie case; the magistrate erred in…