Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mandatory penalties
  • 5 Nov 1985

    THE QUEEN v. CHAN CHIN KUI

    Citation
    THE QUEEN v. CHAN CHIN KUI
    Court
    Court of First Instance
    Case number
    HCMA959/1985

    Section 41(2) Cap.374 mandates a minimum 12-month disqualification for a third or subsequent speeding conviction and does not treat prior disqualifications as erasing earlier convictions; the three-year proviso applies only if three years have elapsed since the last previous conviction; section 70 requires re-testing for disqualifications of six months or more, leaving the court no discretion to avoid re-testing.