30 Sept 1991
R. V. SIN YAU MING
- Citation
- R. V. SIN YAU MING
- Court
- Court of Appeal
- Case number
- CACC289/1990
By majority the Court held ss.46(c) and (d) and ss.47(1)(c),(d) and s.47(3) of the Dangerous Drugs Ordinance are inconsistent with Article 11(1) because the statutory presumptions do not meet the required rational connection and proportionality tests (they permit conviction despite reasonable doubt); under s.3(2) of the Bill of Rights Ordinance those provisions are repealed to the extent of the inconsistency (effectively from 8 June 1991); the Court also confirmed jurisdiction to hear a s.81 reservation pre-conviction though such referrals should be rare.