11 Jul 2017
HKSAR v. CHUI SHU SHING
- Citation
- HKSAR v. CHUI SHU SHING
- Court
- Court of Final Appeal
- Case number
- FACC19/2016
The Court held that "manage" in section 5(1) HGAO requires the exercise of a degree of managerial authority to carry on the business of the hotel/guesthouse; performance of essentially non‑discretionary front‑desk tasks under immediate supervision does not meet that standard, so the evidence failed to prove the appellant managed the guesthouse and his conviction was set aside. Separately, a costs order in favour of the prosecution requires prior notice, application by prosecution, consideration of section 15 factors including defendant's means and compensation (not punishment), and a finding…