Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

By-law interpretation

  • 7 Jul 2000

    CHONG KIM YUNG v. HKSAR

    Citation
    CHONG KIM YUNG v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FAMC12/2000

    Leave to appeal was granted because the refusal to grant an adjournment may have prevented the applicant from adducing evidence that could establish a defence under By-law 12(1) (reasonable cause for the licensee's absence), and because Regulation 12(1A) could not be applied retrospectively to the alleged offence in July 1999; further questions as to the correct by-law to charge (By-law 36(1)) and sufficiency of evidence require further consideration by this Court.

  • 17 May 1991

    CHENG CHUN YEE v. ATTORNEY GENERAL

    Citation
    CHENG CHUN YEE v. ATTORNEY GENERAL
    Court
    Court of First Instance
    Case number
    HCMA326/1991

    Regulation 34(a) must be given a purposive construction in light of public health objectives and applies to additions or alterations in relation to the licensed premises that result in deviation from the approved plan, including extensions beyond the plan such as pavement seating; accordingly the magistrate erred in holding there was no case to answer and the appeal is allowed.