2 Feb 1993
Section 92 must be read disjunctively: a magistrate has power to impose imprisonment or a fine but not both; accordingly the magistrate exceeded jurisdiction by imposing a $3,000 fine in addition to a 12 month imprisonment, so the fine was set aside while the imprisonment was confirmed.
19 Jun 1975
Section 86A(1) of the Public Health and Urban Services Ordinance mandates forfeiture of all property seized under s.86 when the person charged is convicted of designated hawker offences; the court has no discretion to forfeit only part of the items seized.
19 Jun 1975
When both equipment and commodity have been seized under s.86(1) and the accused is convicted of a designated hawker offence, s.86A(1) requires the court to order forfeiture of all seized property; the magistrate had no discretion to confiscate only part of the seized items and must order confiscation of both equipment and commodity.
19 Jun 1975
Where both equipment and commodity were seized under s.86(1) and the accused is convicted of a designated hawker offence, s.86A(1)'s mandatory provision requires forfeiture of all property seized; the court has no discretion to forfeit only part of the seized items in those circumstances, and the magistrate must order forfeiture of both equipment and commodity.