24 Jun 2022
香港特別行政區 訴 黃超群及另四人
- Citation
- [2022] HKCFI 1887
- Court
- Court of First Instance
- Case number
- HCMA274/2021
The court held that s.19(3) imposes only an evidential burden on the licence holder (not a persuasive burden); the trial judge erred by relying on inadmissible hearsay to discredit D10; on re‑examination D10 had discharged the evidential burden and the prosecution failed to prove beyond reasonable doubt that the statutory defence did not apply, so D10's conviction was quashed.