26 Jan 2006
HKSAR v. ASANO ATSUSHI
- Citation
- HKSAR v. ASANO ATSUSHI
- Court
- Court of Appeal
- Case number
- CACC61/2004
The Court construed s.47(1) and (2) of the Dangerous Drugs Ordinance as creating only an evidential burden rather than a persuasive reverse onus; article 160 does not mandate purely prospective judicial declarations; absent clear statutory or constitutional authority and absent exceptional circumstances the Court will not limit the temporal effect of its statutory interpretation or declaration, particularly in criminal cases affecting liberty; accordingly the respondent's application for a temporally limited declaration was refused.