28 Jun 2012
香港特別行政區 訴 利昌工程建材有限公司及另四人
- Citation
- 香港特別行政區 訴 利昌工程建材有限公司及另四人
- Court
- Court of First Instance
- Case number
- HCMA472/2011
The convictions were unsafe because the magistrate based rejection of the s19 emergency exemption solely on the BA7's lack of particulars without properly considering the contemporaneous interactions between the parties and the Building Authority, and without addressing or making findings on the expert evidence and whether the prosecution had proved beyond reasonable doubt that the challenged works were not emergency works; accordingly the appeals were allowed and convictions quashed.