Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bilingual statutory interpretation

Legal area

Court

14 Mar 2003

HKSAR v. LAU SAN CHING AND OTHERS

Citation

HKSAR v. LAU SAN CHING AND OTHERS
Court

Court of First Instance
Case number

HCMA98/2002

The court held that s.4(28) is not a strict liability provision that dispenses with a defence of lawful authority or excuse; prosecution must prove the act causing obstruction or potential obstruction, after which the defendant bears the burden to prove lawful authority or excuse under s.94A; on irreconcilable bilingual texts the original English wording ('may accrue') better reflects legislative intent and governs; chaining to the flagpole objectively risked obstructing the flag ceremony or public use, and the appellants failed to prove a lawful excuse; s.54 did not preclude prosecution unde…
12 Mar 1997

R. v. TSE HING SAN AND OTHERS

Citation

R. v. TSE HING SAN AND OTHERS
Court

Court of First Instance
Case number

HCMA1395/1996

A purposive construction applies: 'disembark' in the definition of 'land' encompasses leaving a ship onto substantial, secured structures in Hong Kong territorial waters (such as fish rafts). There was no real conflict between the English and Chinese texts; the legislative object of controlling unlawful entry requires that persons who entered and remained on such structures be liable under s.38(1)(b). The magistrate's construction was correct and the convictions are supported by the evidence.