5 Nov 2021
HKSAR v. CHO TING KAI (曹挺楷) AND OTHERS
- Citation
- [2021] HKCFA 39
- Court
- Court of Final Appeal
- Case number
- FAMC27/2021
The presumption of mens rea for the offence under ss4(1)(e) and 10(3)(a) of the Ordinance is displaced on proper construction (the offence falls within the second alternative under Kulemesin), but liability still requires the defendant to be aware of the officer's requirement; the deputy judge's construction was not reasonably arguable and leave to appeal is therefore refused.