Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duty of vigilance
  • 27 Oct 1987

    THE QUEEN v. CHENG KAM MING

    Citation
    THE QUEEN v. CHENG KAM MING
    Court
    Court of First Instance
    Case number
    HCMA657/1987

    Section 6 of the Dangerous Goods Ordinance displaces the normal presumption of mens rea in relation to the nature of stored goods: once the prosecution proves a custodial relationship and that the defendant knew of the existence of the goods, the defendant is strictly liable for failing to ascertain whether those goods were dangerous, because the statute targets public safety and strict liability furthers its object by promoting vigilance.