22 Mar 1995
R. v. Chan Suen Hay
- Citation
- R. v. Chan Suen Hay
- Court
- District Court
- Case number
- DCMP83/1994
A discretionary disqualification under section 168E is punitive in substance and therefore a "penalty" within Article 12(1); section 168T's provision permitting disqualification retrospectively for offences committed before the Part came into operation conflicts with Article 12(1) and is inapplicable, so the court has no power to make the sought disqualification.