2. Presumptions of fact

2. Presumptions of fact

In some circumstances, when certain primary facts are proved, the law presumes that certain facts which can be inferred from these primary facts are true. The law therefore does not require further proof for those inferred facts. This is called “presumptions of fact”. Examples of these presumptions are: 

• Presumption of marriage: where there is a ceremony of marriage followed by cohabitation as husband and wife, there is a presumption that the parties are lawfully married.
• Presumption of age (Criminal Procedure Ordinance (Cap 221) section 106A): where the age of any person at any time is a material factor, the court will determine the age of that person based on the available evidence.
• Presumption of knowledge in tax returns: a presumption that an individual is aware of the contents of his or her tax return as set out in section 51, Inland Revenue Ordinance (Cap. 112).

• Presumption of possession of dangerous drugs (Dangerous Drugs Ordinance (Cap. 134) section 47(1)): any person who is proved to have had in his physical possession (a)anything containing or supporting a dangerous drug; (b)the keys of any baggage, briefcase, box, case, cupboard, drawer, safe-deposit box, safe or other similar container containing a dangerous drug, shall, until the contrary is proved, be presumed to have had such drug in his possession.

   

Presumption of knowledge of dangerous drugs (Dangerous Drugs Ordinance (Cap. 134) section 47(2)): Any person who is proved or presumed to have had a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of the drug.