12 Jun 1998
Although the trial judge made a misdirection by treating s.47 presumptions as supporting a finding of trafficking, the error was harmless in the context of the evidence and the remainder of the summing-up which correctly explained the elements of trafficking; accordingly the Court exercised the proviso and dismissed the appeal, affirming the conviction.
12 Oct 1989
Prosecution must prove entry into Hong Kong beyond reasonable doubt and, on the evidence and permissible judicial notice of published historical sources regarding boundaries combined with other factual inferences, the court was satisfied the ship had entered Hong Kong; records of interview (Exhibits P3-P7) were voluntary and admissible; s.37K(1) presumption applies to the time of the offence and places on defendants the burden on the balance of probabilities to prove the s.37C(2)(b) exemption, which they failed to do, therefore defendants D2–D6 convicted.
27 Jun 1986
The manufacturing conviction was quashed because the judge's direction used imprecise language ('likely'/'likelihood') instead of the required 'on a balance of probabilities'/'more likely than not' when a statutory presumption applied; the possession-for-traffic conviction was affirmed because the judge correctly instructed the jury on the burden and the Crown evidence was strong; the hearsay complaint did not merit overturning the convictions.
1 Nov 1983
The Court held the conviction on Count 3 was unsafe because the keys evidence was intrinsically tied to evidence the jury rejected, and the judge's summing-up failed adequately to direct the jury that the presumption must be rebutted on the balance of probabilities; the defence of the 6th and 7th on Count 6 was not adequately put, so convictions were quashed, sentences set aside, and retrial ordered for the 6th and 7th on Counts 6 and 7.
26 Sept 1983
The magistrate erred in applying Section 19 presumptions to infer individual guilt for bookmaking under s7(1)(a); s19 can establish that premises are a gambling establishment but does not create a presumption that each person present was bookmaking, and therefore convictions of defendants who were only shown to be present could not stand without individual proof of bookmaking.
14 Feb 1980
The conviction was valid because the trial judge's express finding that the s.46 presumption was not rebutted necessarily implies that the s.47(3) presumption (knowledge) was also not rebutted; an implicit finding on s.47(3) sufficed to uphold the conviction.
8 Nov 1978
Because the magistrate did not record that he relied on the s.46 presumption nor show that he warned the appellant of its effect, and there was no independent evidence to support a finding of trafficking, the trafficking conviction could not stand and must be substituted by a conviction for simple possession with an appropriate concurrent sentence.
3 Jan 1975
Held that under the Dutiable Commodities Ordinance possession requires both physical control and knowledge of the nature of the goods; Section 40's presumption that goods on premises are in the occupier's possession can be rebutted by evidence showing it is more probable than not that the accused did not know the goods were dutiable; on the facts the presumption was rebutted and conviction could not be sustained.