A High Court judge yesterday demanded to know why firearms legislation which breaches the Bill of Rights, and the principle of 'innocent until proven guilty', is still on the statute books.
The law presumes a person found with a gun in his home and without a licence is guilty of possession.
But Deputy Judge Colin Jackson said it was in direct conflict with the Bill of Rights, which presumes innocence until guilt is proven.
In 1991 Deputy Judge William Eccleton ruled the presumption of guilt in the firearms law was repealed by the Bill of Rights.
But Deputy Judge Jackson said yesterday Section 24 of the Firearms and Ammunitions Ordinance, last updated two months ago, had still not been removed. He told prosecutor Barry Moorfoot to relay his concerns to the Attorney-General, legislators and the Director of Public Prosecutions.
'Either Section 24 is a part of the law of Hong Kong or it is not. If not it should be removed. It should have been removed in 1991,' he said.