Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Presumption of fact
  • 17 May 2004

    HKSAR v. GUO XIN ZHI AND ANOTHER

    Citation
    HKSAR v. GUO XIN ZHI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA117/2004

    Section 24A of the Trade Descriptions Ordinance does not create a presumption of fact; it merely permits evidence that goods were imported from a place to be treated as prima facie evidence that they were manufactured there. A magistrate may not impose on defendants a statutory burden to rebut that evidence on the balance of probabilities; the prosecution retains the burden to prove guilt beyond reasonable doubt. The magistrate's possible misdirection on this point was material and required quashing of the convictions.