15 Feb 1994
THE QUEEN v. CHAN KIM FAI
- Citation
- THE QUEEN v. CHAN KIM FAI
- Court
- Court of First Instance
- Case number
- HCMA982/1993
Magistrate erred in law by holding that it was irrelevant whether reasonable diligence would have disclosed the true nature of the cargo; where the exercise of reasonable diligence could not have revealed that the cargo was unmanifested, the statutory defence under s.18(2) is established, and the conviction cannot stand.