27 Apr 1984
TSANG OI MUI AND ANOTHER v. ATTORNEY GENERAL
- Citation
- TSANG OI MUI AND ANOTHER v. ATTORNEY GENERAL
- Court
- Court of First Instance
- Case number
- HCMA178/1984
Absence of the word "knowingly" does not automatically render the offence absolute; in the absence of clear statutory intention the presumption of mens rea applies and the statutory defence in s46A(2)(b) is available with the burden on the accused to prove on the balance of probabilities that he took all practicable steps to prevent the offence; accordingly the convictions could not stand on the record and must be quashed with a rehearing ordered.