Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fixed penalty scheme

Legal area

Court

12 Sept 2012

香港特別行政區訴劉立之

Citation

香港特別行政區訴劉立之
Court

Court of First Instance
Case number

HCMA328/2012

The magistrate did not err: the appellant's account was not credible, the imposition of HK$1,140 was within proper sentencing discretion, and s.9A does not justify penalising a defendant merely for having exercised the right to contest; appeal against sentence dismissed.
23 Jun 1978

ATTORNEY GENERAL v. CHIU KAM-HUNG

Citation

ATTORNEY GENERAL v. CHIU KAM-HUNG
Court

Court of Appeal
Case number

CACC503/1978

The court held the magistrate was not wrong to decline to take a plea until particulars of the traffic sign were provided and to refuse an adjournment where the prosecution could not supply particulars without unfair delay; the Fixed Penalty Ordinance does not restrict the court's sentencing discretion and the reference to it in the information was irrelevant, so the appeal was dismissed.