2 Feb 2005
HKSAR v. LAM KWONG WAI AND ANOTHER
- Citation
- HKSAR v. LAM KWONG WAI AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC213/2003
The court certified the first question as appropriately framed for the Court of Final Appeal because it raises whether the statutory provisions are consistent with presumption of innocence and fair trial rights; the court refused the second question as it was misconceived—validity of a limitation is a legal question unsuitably framed in terms of a burden of proof and international tests of justification transcend traditional criminal burdens of proof and should be canvassed under the certified question.