Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial judge summing-up
  • 10 Jan 2007

    HKSAR v. CHAN YAT FAN

    Citation
    HKSAR v. CHAN YAT FAN
    Court
    Court of Appeal
    Case number
    CACC122/2005

    The conviction was quashed because the trial judge's summing-up invoked s47 as a presumption that imposed a persuasive burden on the accused, and the Court of Final Appeal in HKSAR v Hung Chan Wa & Another established that such an invocation was incorrect; accordingly leave to appeal was granted, the appeal allowed and the conviction quashed with a retrial ordered.