31 Jan 2024
香港特別行政區 訴 雷寶林
- Citation
- [2024] HKCFI 369
- Court
- Court of First Instance
- Case number
- HCMA168/2023
The convictions could not stand because the prosecution failed to prove beyond reasonable doubt that the appellant 'knew' he was infected at the relevant times: the only PCR positive result tying infection to the dates was from a sample taken on 24 February whose positive result was not communicated to the appellant until 4 March, so he could not have known he was infected during the alleged offences; where multiple reasonable inferences exist the court must adopt the defence‑favourable inference, rendering the convictions unsafe.