Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Construction of penal statute

Legal area

Court

11 May 2005

HKSAR v. JOY EXPRESS LTD

Citation

HKSAR v. JOY EXPRESS LTD
Court

Court of First Instance
Case number

HCMA706/2004

The application for a certificate to appeal was dismissed because the statutory condition in section 32(2) of the Court of Final Appeal Ordinance, Cap.484 was not satisfied and therefore the points raised did not justify certification to the Court of Final Appeal.
5 Aug 1971

LAU YUEN v. THE QUEEN

Citation

LAU YUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC413/1971

Where the statutory presumption in s.46 Dangerous Drugs Ordinance did not arise because the mixtures lacked the prescribed minimum quantities, convictions for possession for the purpose of trafficking could not stand; the appellate court substituted convictions for simple possession and reduced the sentences accordingly, while dismissing the distinct smoking charge appeal where applicable.