28 Sept 1998
SECRETARY FOR JUSTICE v. SENG MING TA, PETER
- Citation
- SECRETARY FOR JUSTICE v. SENG MING TA, PETER
- Court
- Court of First Instance
- Case number
- HCMA181/1998
Section 14(3) of the Prevention of Bribery Ordinance does not exclude application of the deeming provision in s8 of the Interpretation and General Clauses Ordinance; proof that a registered article was properly addressed, prepaid, dispatched and arrived at the addressee's address and passed into the possession of someone at the premises is sufficient to invoke the s8 presumption of service. The presumption is rebuttable on the balance of probabilities and the burden lies on the defendant; on the facts the magistrate erred in finding rebuttal and so erred in law in acquitting the respondent.