Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

By-laws contravention

Legal area

Court

21 Dec 2005

KOWLOON CANTON RAILWAY CORPORATION v. NGAI FOOK LAM

Citation

KOWLOON CANTON RAILWAY CORPORATION v. NGAI FOOK LAM
Court

Court of First Instance
Case number

HCMA1089/2005

The magistrate properly rejected the appellant's necessity defence because his account was inconsistent with the unchallenged evidence of the prosecution witnesses (including his statement implying possession of a ticket), therefore the conviction for failure to produce a ticket under the by-laws was properly upheld and the appeal dismissed.
21 Aug 2003

MASS TRANSIT RAILWAY CORPORATION LTD v. DR NKASU MICHAEL MMAAMA

Citation

MASS TRANSIT RAILWAY CORPORATION LTD v. DR NKASU MICHAEL MMAAMA
Court

Court of First Instance
Case number

HCMA488/2003

The fine of HK$3,000 was not manifestly excessive given the Magistrate's findings of dishonesty, active concealment, false statements and absence of mitigation or inability to pay; however, the costs order of HK$4,500 was inappropriate because the Appellant was unrepresented and his vigorous but largely legitimate challenge did not constitute the special circumstances required to penalise a not guilty plea in costs, so the costs order was set aside.