12 Dec 2008
SECRETARY FOR JUSTICE v. OCEAN TECHNOLOGY LTD AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. OCEAN TECHNOLOGY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA173/2008
The court held the magistrate erred in treating the constitutionality of the licensing regime as an essential element of the offences under ss.8 and 20. The legality of a licensing decision is not a necessary ingredient of the criminal offence of broadcasting without a licence; therefore the magistrate's dismissal was set aside and the case remitted. Section 20, read with s.8, is a self-standing, constitutionally justified restriction (prescribed by law, legitimate aim, rational connection and proportionate).