25 Jan 2013
香港特別行政區 訴 創立（香港）有限公司
- Citation
- 香港特別行政區 訴 創立（香港）有限公司
- Court
- Court of First Instance
- Case number
- HCMA490/2012
Regulation 27 displaces the presumption of mens rea and, having regard to its regulatory purpose and the role of licence holders as gatekeepers, must be treated as creating an absolute liability offence so the common law defence of honest and reasonable belief is not available; on the facts the appellant failed to establish any honest and reasonable belief and the conviction and fine are therefore upheld.