12 May 2009
HKSAR v. HIN LIN YEE AND ANOTHER
- Citation
- HKSAR v. HIN LIN YEE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA574/2008
The court held that the common law defence is inapplicable to safety legislation so the offences of selling drugs unfit for use were absolute and the elements of those offences were proved; the 1st Appellant failed to prove the statutory due diligence defence as to possession of an unregistered pharmaceutical product; accordingly convictions were upheld, but sentences were reduced because the trial findings of deliberate adulteration could not be supported and mitigation (including publicity and lack of proven motive or serious harm) warranted lower fines.