28 Apr 2006
HKSAR v. TONG YIU WAH
- Citation
- HKSAR v. TONG YIU WAH
- Court
- Court of First Instance
- Case number
- HCMA811/2005
Section 20(1) must be read with section 94A CPO so that 'without reasonable cause' is an exception/negative averment and the defendant bears the persuasive/legal burden on balance of probabilities to prove reasonable cause; that allocation does not breach article 11(1) HKBOR because it is justified, necessary and proportionate in the airport context; magistrate's factual findings that appellant was touting were supported by evidence, so conviction stands though sentence was adjusted to reflect the principal offence of touting.