Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Additional penalty for frivolous defence
  • 23 Dec 2022

    香港特別行政區 訴 張綺玲

    Citation
    [2022] HKCFI 3666
    Court
    Court of First Instance
    Case number
    HCMA259/2022

    The trial judge's credibility findings accepting the three police witnesses were reliable were entitled to deference; the appellant admitted not wearing a mask at the material time and the fact she had eaten earlier did not amount to a statutory reasonable excuse under s5A(3)(e)(i); because the appellant had submitted a notice to contest and advanced frivolous/vexatious defences the judge correctly imposed an additional fine under Schedule 2 r12(3); the fines and costs ordered were within the statutory maximum and not excessive.