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Hong Kong Leading Case article 39 iccpr incorporationreverse burdensproportionalitybill of rights ordinance

HKSAR v Hung Chan Wa

(2006) 9 HKCFAR 614
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2006
StatusBinding authority

Summary

Reverse burden provisions must be proportionate to pass muster under the presumption of innocence guaranteed by Basic Law Art 87 and the Bill of Rights.

Key Principle

reverse burden of proof; presumption of innocence; Basic Law Art 87; proportionality review of presumptions

Area of Law

criminal

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Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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