香港特別行政區 訴 岑偉基

香港特別行政區 訴 岑偉基

Although the trial judge erred in applying Cap.1 s3's document‑centric definition of 'registered', the court held Cap.297 s4(1)(c) nonetheless applies to the nurse enrolment/registration process under Cap.164 IV Part; therefore the appellant could not rely on Cap.297 s2 and the evidence proved beyond reasonable...

Source-derived case information.

Citation
香港特別行政區 訴 岑偉基
Parties
Respondent: 香港特別行政區; Appellant: 岑偉基
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2017
Case Number
HCMA113/2016
Procedural Posture
Criminal Appeal Against Conviction / Appeal Heard in High Court (hcma 113/2016)
Outcome
appeal dismissed; conviction upheld
Legal Topics
False Statements to Obtain Registration, Spent Convictions / Rehabilitation of Offenders, Registration/enrolment of Nurses, Interpretation of 'registered'
Source Language
ch
Criminal Law Statutory Interpretation Professional Regulation False Statements to Obtain Registration Spent Convictions / Rehabilitation of Offenders Registration/enrolment of Nurses Interpretation of 'registered'

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Parties

香港特別行政區

Respondent

岑偉基

Appellant

Procedural Posture

Criminal Appeal Against Conviction / Appeal Heard in High Court (hcma 113/2016)

  1. 1 Whether the Rehabilitation of Offenders Ordinance (Cap.297) s2 immunity applies to the applicant's nurse enrolment application
  2. 2 Whether the exception in Cap.297 s4(1)(c) (proceedings relating to being registered) applies to the nurse enrolment/registration procedure under the Nurses Registration Ordinance (Cap.164)
  3. 3 Whether the Interpretation and General Clauses Ordinance (Cap.1) s3 definition of 'registered' as referring to documents applies to the facts of this case and was correctly applied by the trial judge

Ratio Decidendi

Although the trial judge erred in applying Cap.1 s3's document‑centric definition of 'registered', the court held Cap.297 s4(1)(c) nonetheless applies to the nurse enrolment/registration process under Cap.164 IV Part; therefore the appellant could not rely on Cap.297 s2 and the evidence proved beyond reasonable doubt that he wilfully made a false statement to procure registration, so the conviction is upheld and the appeal dismissed.

Court Disposition

appeal dismissed; conviction upheld

Orders

  • Appeal dismissed
  • Conviction upheld