HKSAR v Lam Kwong Wai

A reverse onus that shifts the legal burden to the accused engages Art 87 Basic Law and Art 11(1) Bill of Rights (presumption of innocence). Such a derogation is justified only if it is rationally connected to a legitimate legislative aim and no more than necessary — the Hong Kong proportionality test. Where the reverse onus cannot be justified, it must be read down to an evidential burden.