7 Mar 2008
HKSAR v. TAM CHUN FAI
- Citation
- HKSAR v. TAM CHUN FAI
- Court
- Court of Appeal
- Case number
- CACC302/1998
Because the trial court treated the s47(2) presumption as a persuasive burden but the legal position established in HKSAR v Hung Chan Wa is that it is an evidential burden, the conviction could not stand; accordingly the appeal is allowed and the conviction is quashed, the nullity application is dismissed and a retrial on a fresh indictment is ordered.