28 Sept 1998
HKSAR v. CHAN SAI TAK AND ANOTHER
- Citation
- HKSAR v. CHAN SAI TAK AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA269/1998
Because the Magistrate relied on evidence (audio recording and summary notes) not admissible under s.28(8)(a) to prove the contravention, the contravention was not properly proved and there was a material irregularity; further the Magistrate misdirected himself by treating the appellants as bearing the legal burden to prove innocence on the balance of probabilities; on rehearing ownership was established and no complicity proved, therefore the forfeiture order must be quashed and goods returned.