Hong Kong Case Law: Decisions & Judgments

Topic

Presumptions of fact

Legal area

Court

22 Jan 2008

HUNG CHUNG CHI JOHNNY v. TANG JIAN

Citation

HUNG CHUNG CHI JOHNNY v. TANG JIAN
Court

District Court
Case number

DCCJ3852/2004

Leave to appeal was refused because the trial judge properly and objectively evaluated the totality of the evidence, the burden of proof on the plaintiff remained, presumptions were a last resort and did not displace the factual conclusion that there was no intention to create legal relations, and the alleged denial of natural justice was abandoned by counsel.
4 Dec 1992

THE QUEEN v. WONG HIU CHOR AND ANOTHER

Citation

THE QUEEN v. WONG HIU CHOR AND ANOTHER
Court

Court of First Instance
Case number

HCMA227/1992

Sections 18A(2) and 35A(2) are compatible with Article 11(1) because they create only a rebuttable evidential burden; the presumptions are rationally and realistically connected to the proved facts (possession/dealing in restricted goods in circumstances giving rise to reasonable suspicion), are proportionate and minimally impair the right to be presumed innocent, and therefore are not repealed by the Bill of Rights.
10 Sept 1985

MAIDSTONE INVESTMENT LTD v. CHU MEI KAM

Citation

MAIDSTONE INVESTMENT LTD v. CHU MEI KAM
Court

District Court
Case number

DCCJ3874/1985

The court held that a guest/lodging house falls within the meaning of 'boarding house' for the purposes of the Ordinance to avoid conflict between Parts II and V; the material date is the date of service of the Notice of Termination; evidence of non-domestic use from inspections and a certificate at dates proximate to the material date can establish a provisional presumption of non-domestic use at the material date; on the evidence the premises were primarily used as a guest house at the material date and the plaintiff was entitled to possession.

Hong Kong Case Law

HUNG CHUNG CHI JOHNNY v. TANG JIAN

THE QUEEN v. WONG HIU CHOR AND ANOTHER

MAIDSTONE INVESTMENT LTD v. CHU MEI KAM