Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Onus of proof (evidential vs persuasive)
  • 23 Dec 2013

    HKSAR v. LAM KING YIN

    Citation
    HKSAR v. LAM KING YIN
    Court
    Court of Appeal
    Case number
    CACC246/2013

    The trial judge misdirected the jury by describing the section 47 presumption as requiring the accused to satisfy the jury on the balance of probabilities that he did not know the nature of the contents, thereby converting an evidential onus into a persuasive onus; that misdirection was material to the defence and rendered the conviction unsafe, so the conviction is quashed and, having weighed factors including independent judicial error, seriousness of the offence and cogency of the evidence, a retrial was ordered to be listed within three months.