4 Jun 2018
HKSAR v. LAW LAM MAN
- Citation
- [2018] HKCFI 1337
- Court
- Court of First Instance
- Case number
- HCMA136/2018
The Magistrate's misstatement that the defence bore an evidential burden did not affect the safety of the conviction on ground 1 because the prosecution had adduced evidence proving absence of lawful excuse beyond reasonable doubt; however, on ground 2 the Magistrate did not sufficiently sift evidence about whether the appellant was bumped and whether that event occurred before or after the alleged obstruction, rendering the conviction unsafe, so the conviction was quashed and no retrial was ordered.