10 Nov 1998
HKSAR v. UNIGLOBE TELECOM (FAR EAST) LTD.
- Citation
- HKSAR v. UNIGLOBE TELECOM (FAR EAST) LTD.
- Court
- Court of Final Appeal
- Case number
- FAMC17/1998
The Appeal Committee held that the certified questions as framed were inadequate to resolve the appeal because whether a defendant is guilty depends on the proved facts and contractual arrangements rather than ipso facto application of statutory definitions; accordingly the appropriate course was to allow the matter to proceed to the Court of Final Appeal under s.32(2) so all issues including whether the offences are strict liability and the factual question of maintenance and knowledge may be fully examined.