9 May 2013
香港特別行政區 訴 許其俊
- Citation
- 香港特別行政區 訴 許其俊
- Court
- Court of First Instance
- Case number
- HCMA80/2009
The conviction was safe because the prosecution proved beyond reasonable doubt that the appellant received the enforcement notice, admitted non-compliance, and failed to comply after the appeal was concluded; the substantive reasonableness of the notice is not a permissible criminal defence and contested matters about the notice must be pursued through the statutory appeal or judicial review processes. The sentence was excessive in the circumstances and was reduced from HK$5,000 to HK$2,500 given the appellant's financial position.