7 Mar 2008
HKSAR v. NG PO ON AND ANOTHER
- Citation
- HKSAR v. NG PO ON AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACC6/2007
Sections 14(4) and 24 read together, as drafted, impose a persuasive reverse burden on the accused to prove reasonable excuse and thereby derogate from the constitutionally protected presumption of innocence; that derogation is not justified on proportionality grounds and the proper remedy is to read down section 24 (in conjunction with section 14(4)) so that the accused bears only an evidential burden while the prosecution retains the persuasive burden of proof.