4 Dec 2001
HKSAR v. KAN CHUNG HUNG
- Citation
- HKSAR v. KAN CHUNG HUNG
- Court
- Court of First Instance
- Case number
- HCMA794/2001
Where the substantive offence is strict liability, an attempt under s.159(G) requires intent to perform the acts of export but does not require proof that the defendant knew the cargo was unmanifested; the appellant failed to prove the statutory defence under s.18(2) because he did not exercise reasonable diligence, so conviction stands; the sentence of 9 months was appropriate but should be suspended for 2 years given mitigating factors.