7 Dec 2005
HKSAR v. KIT CHOY DEVELOPMENT LTD
- Citation
- HKSAR v. KIT CHOY DEVELOPMENT LTD
- Court
- Court of First Instance
- Case number
- HCMA62/2005
The Court held that under the statutory scheme of Cap.502 the offence under s5(7)(b) is constituted by failure to comply with a Fire Safety Improvement Direction and that the statute contemplates limited, specified reasonable excuses (s5(8)) rather than a general public law challenge to the Director's exercise of discretion; consequently, and having regard to binding authority (McMahon J approved by the Court of Final Appeal), the reasonableness of the Director's decision is not a defence available in the magistrates' criminal trial and the appeal against conviction must be dismissed.