4 Dec 1992
THE QUEEN v. SUEN SHUN AND OTHERS
- Citation
- THE QUEEN v. SUEN SHUN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA718/1992
The Court held ss.18A(2) and 35A(2) are compatible with Article 11(1) because they impose only a rebuttable evidential burden: the presumed intent reasonably and realistically follows from proved circumstances that give rise to a reasonable suspicion, the burden on the accused is minimal (only to adduce evidence capable of raising a reasonable doubt), and the presumption is proportionate and justified by the serious public interest in combating smuggling.