26 Mar 2010
HIN LIN YEE AND ANOTHER v. HKSAR
- Citation
- HIN LIN YEE AND ANOTHER v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC7/2009
The presumption of mens rea is displaced for s54(1) PHMSO but the statute, when read with ss70 and 71, confines available defences to those statutory defences; the common law intermediate defence of honest and reasonable belief does not apply to s54(1) because ss70 and 71, properly construed, overlap with and exclude that common law defence. On the facts the appellants cannot establish the statutory defences and the 1st appellant also cannot satisfy reg 36(1C) PPR; therefore convictions are to be affirmed.