5 Jan 2011
HKSAR v. LAU HOK TUNG AND OTHERS
- Citation
- HKSAR v. LAU HOK TUNG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA500/2010
Section 26(4) imposes a persuasive burden on the accused but that reverse burden is rational and proportionate in the context of section 9(2) offences; the magistrate correctly applied the burden and standard of proof and correctly held the appellants failed to establish the statutory defence on the balance of probabilities; convictions and sentence are upheld.