12 Dec 2012
HKSAR v. YEUNG WAI HO HENRY
- Citation
- HKSAR v. YEUNG WAI HO HENRY
- Court
- Court of Appeal
- Case number
- CACC533/2011
The trial judge materially misdirected herself by wrongly applying the evidential presumption under s47 (misunderstanding the nature and discharge of the evidential burden) and impermissibly relying on the applicant's silence at the police station; these were material errors which warranted quashing the conviction and ordering a retrial rather than applying the proviso.