26 Jul 2018
香港特別行政區 訴 江潤松
- Citation
- [2018] HKCFI 1625
- Court
- Court of First Instance
- Case number
- HCMA566/2017
Although the trial judge applied an incorrect legal standard by treating the statutory defence as requiring proof on a balance of probabilities, on a full rehearing applying the correct evidential burden standard the appellant still failed to show he took all reasonably practicable steps to verify the employee's right to work; therefore the conviction is safe. However the sentence of 9 months was excessive given the facts (single illegal worker employed for 17 months without clear evidence of exploitation) and is reduced to 6 months immediate imprisonment.