324
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justified
limitation
on a BOR guarantee).
In RV LAM
Yue-kee (CA 408/91), listed for 5 and 6 March 1992, the Court of Appeal will be invited to declare s.17 of Cap. 228 repealed as contrary to the BOR. However, the Crown will not be supporting the conviction (on the facts) and the BOR issue is unlikely to be considered.
Section 30 (Unlawful Possession)
5.
In R V LEE Kwong-kut (W 990/91), Magistrate J E
Acton-Bond ruled (28.10.91) that Section 30 had been
repealed by the BOR (inconsistent with presumption of
Article 11(1)).
This ruling is to be the
innocence
subject of appeal by case stated.
Theft Ordinance, Cap. 210
6.
In
R v LAU Shiu-wah (DC 790/90) Whaley D J ruled
(1.11.91) that Section 29(6)(a)(i) (presumption re obtaining property by means of a dishonoured cheque) was
repealed by the BOR (inconsistent with presumption of innocence
Article 11(1)). It is not proposed to appeal this ruling and the provision is now regarded as repealed.
Control of
of Obscene and Indecent Articles Ordinance, Cap.
390
7"
In R v CHENG Pui-kit (SK 5333/91), Magistrate I Carlson ruled (18.10.91) that Section 21(1) of Cap. 390 (strict liability offence of publishing an obscene article) consistent with the BOR (on the basis that while prima facie inconsistent with the presumption of innocence, it nevertheless a reasonable and justified limitation on a BOR guarantee).
was
was
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h