4 Dec 1998
SECRETARY FOR JUSTICE v. LAIN FUNG TRANSPORTATION CO. LTD. AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. LAIN FUNG TRANSPORTATION CO. LTD. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA756/1998
The correct construction of s.23(9)(a) is that a defendant may rely on the defence if he proves he took all reasonable steps to comply with the enforcement notice, and such steps include making a timely application for planning permission; accordingly the magistrate was correct to find the defence established and to acquit.