16 Jan 2020
MTR CORPORATION LTD v. KWOK WING KIN
- Citation
- [2020] HKCFI 185
- Court
- Court of First Instance
- Case number
- HCMA410/2018
The Court applied the constitutional proportionality framework to directions under s.21(1) of the MTR By-laws and held that on the facts disclosed the direction was rationally connected to a legitimate aim and no more than reasonably necessary; the zero-tolerance policy was not determined to be unconstitutional because it was not the focus or properly argued; a magistrate's acquittal may be overturned as perverse where no reasonable magistrate could have reached it on the proper considerations.