Section 191: Statutory presumptions – Interpretation of statutes—If section 32 (2)
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
191. Statutory presumptions – Interpretation of statutes—If section 32 (2)
of the Electricity Ordinance (now Act) was intended to provide that, unless a
consumer of electricity proves that he has been privy to any of the acts mentioned in paragraph (a) or (b) of the subsection he must be taken to be responsible for any one or more of the facts specified in paragraphs (i), (ii) and
(iii) of the subsection which actually constitute offences under subsection (1)
of the section in the absence of proof of lawful excuse or authority, and this,
whether there is in fact evidence or not of the existence of any such facts,
would be inconsistent with subsections (2) (a) and (11) (a) of section 10 of
the Constitution. The subsection can, however, and should in order to save it
from repugnancy to the Constitution, be read as requiring the prosecution to
prove in the first instance the commission of the relevant fact specified in
paragraphs (i), (ii) and (iii) of the subsection. Police v Moorbannoo (1972).