Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory defence s18(2) import and export ordinance

Legal area

Court

17 Apr 2024

香港特別行政區訴丁瑋棠

Citation

[2024] HKCFI 1260
Court

Court of First Instance
Case number

HCMA102/2023

Photos and officer evidence showed contraband was packed in medium-sized boxes and polythene bags, placed together, readily openable and visually distinct from declared goods; a reasonable person supervising or sampling the cargo would, by opening representative bags/boxes, have discovered the undeclared cigarettes and crabs. The prosecution therefore proved beyond reasonable doubt that the appellant would have discovered the goods with reasonable effort and the statutory s18(2) defence failed; the custodial sentence of nine months was not excessive given value and public interest.
29 Apr 2020

香港特別行政區訴曾國財

Citation

[2020] HKCA 241
Court

Court of Appeal
Case number

CACC227/2019

Given the vehicle's ownership connections, the applicant's repeated control and use of the vehicle, the high value and highly concealed nature of the gold and absence of evidence of any other person having access, the only reasonable inference was that the applicant knew of the gold; therefore the statutory exemption under s18(2) did not apply and the conviction was safe. The sentence was within established sentencing benchmarks and not manifestly excessive.