12 Feb 1993
R. v. LAU Kung-shing AND ANOTHER
- Citation
- R. v. LAU Kung-shing AND ANOTHER
- Court
- District Court
- Case number
- DCCC477/1992
Section 53(7F) of Cap.7 creates an irrebuttable presumption that displaces proof of an essential element of the offence (obtaining an order for possession) and cannot be justified under Article 11(1) of the Hong Kong Bill of Rights; accordingly s.53(7F) was repealed by operation of s.3(2) of Cap.383 as of 8 June 1991, and without it the prosecution could not prove the offence so defendants are acquitted.