6 Nov 2006
HKSAR v. MOK SWEE CHUAN AND ANOTHER
- Citation
- HKSAR v. MOK SWEE CHUAN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC22/2004
D1's conviction and sentence were quashed because the summing up contained a material misdirection about the presumptions in s47 which, following the Court of Final Appeal in HKSAR v Hung Chan‑wa, impose only an evidential burden; the respondent did not invoke the proviso. D2's application to treat his abandonment as a nullity was dismissed because his affirmations demonstrated the abandonment was a deliberate and informed decision.