21 Jul 1977
CHU CHI KIN v. THE QUEEN
- Citation
- CHU CHI KIN v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC449/1977
Where acceptance of an advantage is proved the s25 presumption that it was accepted as an inducement applies, but the accused may rebut that presumption on the balance of probabilities by adducing evidence (not limited to his own) showing the payments were customary gifts without corrupt purpose; applying that test the magistrate's finding of s4(2) guilt on counts 2 and 3 could not stand and must be substituted by convictions under s3, while the magistrate's credibility findings on count 4 were upheld and that conviction and sentence were maintained.