Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Legal presumptions

  • 24 Feb 1994

    R v. CHOI KAI ON

    Citation
    R v. CHOI KAI ON
    Court
    Court of First Instance
    Case number
    HCMA316/1992

    Section 19(2) of the Gambling Ordinance does not violate BORO s8 art11 because the presumption that a person found in or escaping from a gambling establishment was gambling satisfies the Sin Yau-ming tests: there is a rational connection where the accused is in the room used for gambling and the presumption is proportionate and necessary to combat illegal gambling; conviction upheld. Separately, in light of exceptional delay and prejudice, the Court allowed the out‑of‑time appeal against sentence, rescinded activation of the prior suspended sentence and ordered immediate release, treating 17…

  • 18 Feb 1992

    R. v. TUNDE ODIZOR OLUSOJI

    Citation
    R. v. TUNDE ODIZOR OLUSOJI
    Court
    Court of Appeal
    Case number
    CACC105/1991

    The Court held that the presumption of possession in s.47(1) includes knowledge of the existence of the drugs; the trial judge's directions viewed in context did not withdraw the factual issue of knowledge from the jury and were correct; therefore the jury were properly directed and the conviction must stand.