19 Nov 1999
HKSAR v. CHING CHIN PANG
- Citation
- HKSAR v. CHING CHIN PANG
- Court
- Court of First Instance
- Case number
- HCMA732/1999
The acquittal under the Dutiable Commodities Ordinance did not bar prosecution and conviction under the Dangerous Goods (General) Regulations because the two offences have different statutory ingredients and gravamen; issue estoppel and autrefois acquit do not apply where charges are different; prior rulings on admissibility do not preclude re‑admission at a subsequent trial; the magistrate was entitled to infer fumes and thus knowledge from the facts; conviction was therefore upheld while the custodial element of sentence was quashed as manifestly excessive.