Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof and presumption of innocence

Legal area

Court

19 Dec 2025

香港特別行政區訴黃桂強

Citation

[2025] HKCFI 6283
Court

Court of First Instance
Case number

HCMA475/2024

The application for a s32 certificate was refused because the contested questions concerned the application of established legal principles to the facts (factual findings that applicant had control and possession of the loudspeakers), not a point of law of great and general importance; the appellate court properly sustained the conviction on evidence that the applicant controlled and possessed the speakers, so certification to appeal to the Final Court of Appeal was not warranted.
8 Sept 2000

HKSAR v. CHIM PUI CHUNG

Citation

HKSAR v. CHIM PUI CHUNG
Court

Court of First Instance
Case number

HCMA955/1999

The appeal was dismissed: the trial magistrate correctly interpreted "election meeting" broadly; s.7(ii) of Cap.288 does not unacceptably infringe the Bill of Rights given the limited and justifiable presumption; the evidence and attendant facts supported the necessary inference that the provision of the dinner was corruptly intended to influence voters and thus constituted treating and incurred election expenses on behalf of candidates without their written authorisation; candidate prior consent is not required for expenses to be on a candidate's behalf.