Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Re-test requirement
  • 10 Oct 1986

    THE QUEEN v. FAN KIN

    Citation
    THE QUEEN v. FAN KIN
    Court
    Court of First Instance
    Case number
    HCMA1009/1986

    The Magistrate correctly found no 'special reasons' to avoid mandatory disqualification because the appellant failed to make reasonable enquiries and was at least negligent; the Magistrate exercised his discretion judicially in not limiting disqualification; the mandatory re-test provision did not lawfully apply to an offence under Cap.272 s.4(1) and, in any event, that provision has been repealed, so the re-test order was quashed.