26 Oct 2015
香港特別行政區 訴 秦月明
- Citation
- 香港特別行政區 訴 秦月明
- Court
- Court of First Instance
- Case number
- HCMA537/2014
The court held that although the trial judge erred in law by applying a higher evidential standard than required to the s274(1) statutory defence, the correct interpretation is that the accused must 'produce evidence' sufficient to raise a reasonable doubt (per Ng Po On analysis). Applying the correct standard to the evidence, the appellant's account was not credible, the defence was not made out, and the prosecution had established guilt; accordingly the conviction was affirmed and the appeal dismissed.