Statutory presumptions under the Dangerous Drugs Ordinance imposing a legal burden on the accused must be read down to an evidential burden to comply with the right to a fair trial under the Hong Kong Bill of Rights.
criminal
Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.
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.
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.
Get a detailed analysis of Sin Kam Wah v HKSAR and how it applies to your situation.
Explain Sin Kam Wah v HKSAR