23 Jun 1998
HKSAR v. CHAN KWAN MING AND ANOTHER
- Citation
- HKSAR v. CHAN KWAN MING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA170/1998
The hearsay portions of the 1st appellant's cautioned statement were inadmissible and, with those excluded, the prosecution failed to adduce prima facie evidence that the vehicle was hired such that the insurance policy did not apply; accordingly the evidential burden never shifted to the defendants and the convictions for using a motor vehicle without third party insurance could not be sustained. The 2nd appellant had no case to answer and his conviction must be set aside.