7 Aug 2007
HKSAR v. VILY FIELD INVESTMENT LTD
- Citation
- HKSAR v. VILY FIELD INVESTMENT LTD
- Court
- Court of First Instance
- Case number
- HCMA1011/2006
The court found on facts (aerial photographs, expert and site evidence) that the land's use intensified from temporary/night parking and access/storage in 1990 to a fenced, levelled, lit and regularly used parking area by 2005, constituting a material change of use; and that section 23(9) properly places on the defendant the burden to prove existing use on balance of probabilities in this regulatory context and does not violate the presumption of innocence, therefore the conviction is safe and the appeal is dismissed.