24 May 2013
HKSAR v. MOHAMMED KHAN SHAMIM
- Citation
- HKSAR v. MOHAMMED KHAN SHAMIM
- Court
- Court of Appeal
- Case number
- CACC269/2012
Section 24(2) of the Firearms and Ammunition Ordinance operates as a reverse persuasive burden and thus derogates from the presumption of innocence; the burden fails the proportionality limb (an evidential burden would suffice) and must be read down so that it imposes an evidential burden only; on the facts, however, even applying the correct evidential burden the prosecution had overwhelming circumstantial and direct evidence of knowledge so the conviction was safe and the appeal dismissed.