14 Jul 2017
香港特別行政區 訴 雲景道富豪閣業主立案法團
- Citation
- 香港特別行政區 訴 雲景道富豪閣業主立案法團
- Court
- Court of First Instance
- Case number
- HCMA9/2016
The conviction was quashed because the trial judge's acceptance of prosecution expert opinions and wholesale rejection of the authorised person's reports was inadequately reasoned and, on the evidence, the appellant had taken reasonable and active steps (including detailed reports, tendering and seeking neighbour consent) such that a reasonable excuse for non‑compliance existed; acceptance of prosecution experts' proposed remedies was arbitrary given conflicts in the prosecution evidence and practical/legal obstacles (land grant conditions, lack of approved materials), rendering the convictio…