香港特別行政區 訴 名樂會有限公司及另一人

香港特別行政區 訴 名樂會有限公司及另一人

The caravan‑like structure, judged by its overall characteristics (internal fittings for habitation, fixed connections to utilities, substantial weight and supports, inability to be moved intact without dismantling, and operation as paid accommodation), fell within the ordinary and purposive meaning of 'premises'...

Source-derived case information.

Citation
香港特別行政區 訴 名樂會有限公司及另一人
Parties
Respondent: 香港特別行政區; First Appellant: 名樂會有限公司 (MINGLE FANS LIMITED); Second Appellant: 名樂漁莊有限公司 (MINGLE FARM LIMITED)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 2017
Case Number
HCMA4/2017
Procedural Posture
Criminal Conviction Appeal / Conviction Appeal Hearing and Judgment (re‑hearing on Appeal)
Outcome
Appeal dismissed; convictions and fines upheld
Legal Topics
Definition of 'premises' Under Hotel and Guesthouse Accommodation Ordinance, Movable Vs Immovable Property, Permanency and Attachment Tests, Principle Against Doubtful Penalisation, Standard of Appellate Review on Facts and Credibility
Source Language
ch
Criminal Law Statutory Interpretation Property Law Administrative/regulatory Law Evidence Law Definition of 'premises' Under Hotel and Guesthouse Accommodation Ordinance Movable Vs Immovable Property Permanency and Attachment Tests +2 more

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Parties

香港特別行政區

Respondent

名樂會有限公司 (MINGLE FANS LIMITED)

First Appellant

名樂漁莊有限公司 (MINGLE FARM LIMITED)

Second Appellant

Procedural Posture

Criminal Conviction Appeal / Conviction Appeal Hearing and Judgment (re‑hearing on Appeal)

  1. 1 Whether the caravan/box structure constituted a 'premises' for purposes of the Hotel and Guesthouse Accommodation Ordinance (Cap.349)
  2. 2 Proper legal tests to determine whether an object is part of land or a building (permanency, degree and purpose of attachment)
  3. 3 Whether the magistrate misdirected the law or erred in evaluating evidence and applying tests

Ratio Decidendi

The caravan‑like structure, judged by its overall characteristics (internal fittings for habitation, fixed connections to utilities, substantial weight and supports, inability to be moved intact without dismantling, and operation as paid accommodation), fell within the ordinary and purposive meaning of 'premises' and thus 'hotel' under Cap.349; the magistrate lawfully weighed expert and factual evidence and applied appropriate legal tests, so the convictions and fines were lawful and the appeals failed.

Court Disposition

Appeal dismissed; convictions and fines upheld

Orders

  • Appeal dismissed
  • Convictions for TMS 6817/2016 (A1) and TMS 6819/2016 (A2) affirmed