Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory evidential presumption

Legal area

Court

29 Oct 1996

ATTORNEY GENERAL v. TAT FUNG ENTERPRISES CO. LTD.

Citation

ATTORNEY GENERAL v. TAT FUNG ENTERPRISES CO. LTD.
Court

Court of Appeal
Case number

CACV134/1996

The appeals were dismissed because the appellant failed to put forward factual material capable of displacing the prima facie statutory presumption created by s33(8) of the Buildings Ordinance and therefore failed to show a meritorious defence to justify setting aside the default judgment.
19 Dec 1968

WU HIM FONG v. THE QUEEN

Citation

WU HIM FONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC459/1968

The statutory presumption under s.16, read with the extended concept of 'possession' in s.10, properly arose against the appellant who had physical custody and control of the car boot containing 194 kg of raw opium; the trial judge's directions were not misleading or fatal, the jury was entitled to convict on the evidence, and there was no miscarriage of justice warranting interference with conviction or the 7 year sentence.