18 Jan 1991
THE QUEEN v. WONG POON WAI AND OTHERS
- Citation
- THE QUEEN v. WONG POON WAI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA1566/1990
Section 17(3B) of the Dutiable Commodities Ordinance, read with section 46 and the regulatory scheme, creates a strict liability offence in respect of the sale of liquor; persons who actually conduct a sale may be guilty as principals without proof of mens rea, while secondary parties (aiders and abettors) remain subject to the normal mens rea requirement; there was a prima facie case against the appellants and the matter is remitted to the Magistrate to allow the appellants to reopen their defences and for the Magistrate to determine who conducted the sale and the applicability of any licenc…