14 May 2020
香港特別行政區 訴 梁根仔
- Citation
- [2020] HKCA 315
- Court
- Court of Appeal
- Case number
- CACC69/2019
The trial judge correctly applied the law by addressing both the persuasive and evidential burdens; the appellant, as experienced skipper with responsibility to inspect the vessel, failed to demonstrate he had made reasonable efforts or honestly and reasonably believed the prohibited persons/goods were absent, and the prosecution proved beyond reasonable doubt that reasonable efforts would have revealed them and that the vessel was in a state evidencing an attempt to export; accordingly leave to appeal against conviction and sentence is refused and the original sentence of 64 months is upheld.