Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial review of magistrate's discretion
  • 2 Feb 1989

    THE QUEEN v CHAN KWOK CHEUNG

    Citation
    THE QUEEN v CHAN KWOK CHEUNG
    Court
    Court of First Instance
    Case number
    HCMA139/1989

    Because the magistrate accepted the appellant's evidence that a regular practice existed whereby a colleague arranged renewals and that the appellant was told his policy had been renewed, those facts constituted reasonable grounds for an honest belief the policy was in force; the magistrate was wrong to treat the belief as groundless and accordingly the discretionary disqualification order was set aside.

    • Disqualification from driving
    • Third party motor insurance
    • Special reasons
    • Judicial review of magistrate's discretion