Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Evidentiary presumption

Legal area

Court

17 Mar 1994

LAI YIU PUI v. R.

Citation

LAI YIU PUI v. R.
Court

Court of Appeal
Case number

CACC336/1993

Section 37K(1) is constitutional when construed to create a rebuttable presumption only where it appears more likely than not that the person is an unauthorized entrant, the prosecution must establish that threshold; the Court may substitute a conviction under s37D(1)(a) for one under s37C(1)(a) pursuant to s51(2) CPO and appellate powers, and consents given for prosecution under s37C(1)(a) suffice for such substituted convictions.
14 Oct 1988

SIU YAU TAI AND OTHERS v. HUNG CHUN HING AND OTHERS

Citation

SIU YAU TAI AND OTHERS v. HUNG CHUN HING AND OTHERS
Court

Court of Appeal
Case number

CACV100/1988

On the evidence the Court was entitled to find the deceased was at the workplace in the course of employment and, absent contrary evidence, the statutory presumption in s5(6) applied so the accident arose out of employment; the District Court's finding that both children were wholly dependent on the deceased was a permissible inference from the living arrangements and payments made by the deceased; appeal dismissed.