7 May 2019
香港特別行政區 訴 馮錦麟
- Citation
- [2019] HKCFI 1096
- Court
- Court of First Instance
- Case number
- HCMA591/2018
The court held the appellant failed to prove he had made reasonable efforts under s18(2): instructions to the driver were vague, inspections were left to the driver's discretion, there were no monitoring or records, and given the location of the contraband it would likely have been discovered had proper supervision been exercised; therefore the statutory defence failed and the conviction was upheld.