22 Dec 1992
THE QUEEN v. KO CHI YUEN
- Citation
- THE QUEEN v. KO CHI YUEN
- Court
- Court of First Instance
- Case number
- HCCC286/1991
Article 11(1) presumption of innocence does not apply to post-conviction confiscation proceedings because the convicted person is no longer "charged with a criminal offence"; the Crown must prove contested facts relevant to the confiscation order as part of the sentencing process and the court adopts the criminal standard of proof where those factual issues are part of sentencing, but the statutory assumptions in section 4(2)-(3) are permissive and, if the defendant seeks to rebut them, he must do so on the balance of probabilities.