15 Jul 2019
HKSAR v. KWAN KA HEI
- Citation
- [2019] HKCFI 1093
- Court
- Court of First Instance
- Case number
- HCMA244/2017
The court held that the Crimes Ordinance penal provision must be interpreted in its ordinary meaning and with the presumption of strict construction; definitions in the Dangerous Goods Ordinance do not automatically expand a penal statute unless clear legislative intent exists to do so; on the material before the court the Magistrate erred in importing the regulatory definition and in relying on insufficient expert evidence to classify the items as an "explosive substance."