3 Jul 2007
CHIU WING NAM, DICK v. HKSAR
- Citation
- CHIU WING NAM, DICK v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC10/2006
Because s.47(1) and (2) are disproportionate if read as imposing persuasive burdens, they must be read as creating only an evidential onus; the trial judge's directions imposing a persuasive burden on the appellant therefore caused substantial and grave injustice, warranting quashing of the conviction and ordering a retrial.