13 Sept 2024
Given the size of the unauthorised structures (approximately 74 sqm), the ongoing non‑compliance (structures remained at sentence hearing), the potential safety risk, and the lack of exceptional mitigation beyond a plea discount, the trial judge’s sentence of HK$30,000 plus a daily fine of HK$50 for 114 days (total HK$35,700) was not manifestly excessive and should be upheld.
5 Nov 1987
The daily fine was quashed because the magistrate imposed a daily fine for a continuing offence without the charge having been amended to include the continuing period; although the judge had statutory power to amend under s27 (and s119(1)(d) on appeal) he declined to do so because of intervening, similar appellate decisions which had quashed daily fines; accordingly the substantive fine was upheld but the daily fine was set aside.
21 May 1980
The court held that $50 per day was a proper daily fine in the circumstances but the fixed fine of $5,000 was excessive given the facts and mitigating circumstances; the fixed fine was reduced to $3,000, leaving the daily fines intact.