3
T
1
"...subject to...the defence of insanity and subject also to any statutory exception".
And so it was, even in this famous and oft-quoted case, that it
was recognised that there are statutory exceptions to the common
law presumption of innocence.
Here in Hong Kong this common law presumption is now
a "right to be presumed innocent" under S.8 A.11(1) of the BORO
which provides that:
"Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law."
A.11(1)
of the
BORO
is
very
similar
to
A. 14 (2)
of
the
International Covenant
Charter.
on Civil and Political Rights (ICCPR),
that
the
A.6(2) of the European Convention and S.11(d) of the Canadian
It is upon
these respective provisions
'Presumption of Innocence' was considered by the courts around
the world.
European Convention
5124/71,
The
In the case of X v. UNITED KINGDOM, Application No.
the Vol.2, P.755, Digest of
Case Law, Strasbourg applicant appealed against a conviction of "knowingly living on the earnings of prostitution" on the ground that the presumption in that statutory provision was a presumption of guilt. statutory provision stated that, when certain facts were proved by the prosecution, certain other facts shall be presumed. European Commission of Human Rights examined the complaint under A.6(2) of the Convention which provided that:
"everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law".
The
It was held that this created a rebuttable presumption of fact
9
al