22 Apr 2020
香港特別行政區 訴 黃光明
- Citation
- [2020] HKCFI 607
- Court
- Court of First Instance
- Case number
- HCMA396/2019
Section 129(1)(f) of the Bankruptcy Ordinance reverses the evidential/burden onus to the accused to prove he had no intention to defraud; the accused must discharge that burden to the standard of 'relative probability' (balance of probabilities). The statutory defence in s129(1)(f) replaces the common law honest and reasonable belief defence. Applying these principles to the evidence, the trial judge was entitled to reject the appellant's explanations and the conviction is safe.