16 Nov 2021
香港特別行政區 訴 張慶儂
- Citation
- [2021] HKCFI 3420
- Court
- Court of First Instance
- Case number
- HCMA155/2020
The correct evidential standard for the s.23(9)(b) defence is a persuasive burden on the defendant; the trial judge properly accepted aerial photographic and expert evidence showing agricultural use on the critical date, properly rejected inconsistent defence witness testimony and misinterpretation of D3 was immaterial; appeal dismissed.