1. Presumptions of law
- Presumption of innocence: every accused is presumed to be innocent unless there is evidence proving otherwise.
- Presumption of sanity: every person of the age of discretion is presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes until proven otherwise.
- Presumption as to capacity of infants to commit crimes: children between the ages of 10 and 14 are presumed not to have the capacity to commit crimes unless proven otherwise. The prosecution must establish not only that a child committed the offence, but also that the child knew it was seriously wrong. (Note: Children under 10 are conclusively presumed incapable to commit crimes under section 3 of the Juvenile Offenders Ordinance (Cap. 226.))
- Presumption of regularity: persons acting as public officers are presumed to have been regularly and properly appointed. A person performing public duties are presumed to have performed them regularly and properly.
- Presumption of death: a person not heard of for not less than 7 years is presumed to be dead.
Presumption of sexual capacity: According to common law, there is a conclusive presumption that a boy under the age of 14 is incapable of committing sexual intercourse. This presumption is considered irrebuttable, meaning that no evidence can be presented to prove otherwise.
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