21 Aug 1991
THE QUEEN v. NG PO LAM
- Citation
- THE QUEEN v. NG PO LAM
- Court
- District Court
- Case number
- DCCC101/1991
S.46(c) and (d) impose a mandatory evidentiary presumption that shifts the burden onto the accused to disprove an essential element (possession for purpose of trafficking) on the balance of probabilities, thereby permitting conviction despite a reasonable doubt; that contravenes BORO A.11(1); no limiting construction or justification (rational connection, minimal impairment, proportionality) was found, so S.46(c) and (d) are inconsistent with and, by s.3 BORO, to be treated as repealed to the extent of inconsistency.