28 May 2024
香港特別行政區 訴 何昌舜
- Citation
- [2024] HKCFI 2053
- Court
- Court of First Instance
- Case number
- HCMA240/2023
The appellate court, on a re‑hearing, accepted the prosecution's contemporaneous photographic and witness evidence and the trial judge's credibility findings; given the vehicle layout, the location of the opened bag and that only the appellant was handling the rear of the vehicle, the only reasonable inference was the appellant moved/touched the bag and must have seen its cigarette contents and therefore knew the goods were dutiable; the evidence proved the offence beyond reasonable doubt and the conviction is safe.