TNAG-2327-FCO40-3371-Hong-Kong-Bill-of-Rights-implementation-and-conferences-1991 — Page 40

acquitted of the offence of trafficking. The appellant's ... argument may be stated shortly. This statutory presumption, it is said, is in conflict with what...counsel termed the "presumption of innocence", that this is a fundamental human right protected by the Constitution...and cannot be limited diminished...The "presumption

or

to

nowhere

of

an

innocence"...although

expressly referred to in the Constitution, is imported into it by article 9(1) which provides: "No person shall be deprived of his life or in accordance with personal liberty save law." and by article 12 (1) which provides: "All persons are equal before the law and entitled to the equal protection of the One of the fundamental law."... (p.671) rules of natural justice in the field of criminal law is that a person should not be punished for an offence unless it has been

of satisfaction established

the independent and unbiased tribunal that he committed it. This involves. the tribunal being satisfied that all the physical and mental elements of the offence with which he state of mind as is charged, conduct and well where that is relevant, were present on the part of the accused...What fundamental rules of natural justice do require is that there should be material before the court of facts that is logically probative sufficient to constitute the offence with In a crime of which the accused is charged. specific intent where the difference between it and some lesser offence is the particular

with which

in itself act, an purpose unlawful, was done, in their Lordship's view it borders on the fanciful to suggest that a law offends against some fundamental rule of natural justice because it provides that upon the prosecution's proving that certain acts consistent with that purpose and in

unlawful were done

the by themselves accused, the court shall infer that they were in fact done for that purpose unless

which adduced

the there is evidence

suffices to The purpose with

balance of probabilities displace the inference.

on

which he did an act is peculiarly within the knowledge of the accused.

There is nothing

unfair in requiring him to satisfy the court less heinous that he did the acts for some

Presumptions purpose if such be the fact.

common feature of modern of this kind are legislation concerning the possession and use of things that present danger to society like addictive drugs, explosives, arms and ammunition. In the case of the Drugs Act

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