Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Employment of minors
  • 27 Oct 1978

    LEE FU YUEN AND ANOTHER v. THE QUEEN

    Citation
    LEE FU YUEN AND ANOTHER v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC862/1978

    Regulation 63(1) of the Miscellaneous Licences Regulations is not an absolute offence; mens rea is a necessary element. Because the appellants' pleas were equivocal in light of mitigation asserting lack of knowledge, the convictions given on guilty pleas were unsafe and the trials amounted to nullities; convictions are quashed and cases are remitted to the Magistrate for fresh trial with the court's opinion on mens rea provided.