16 Feb 2012
HKSAR v. FASTWIN GLOBAL INVESTMENT LTD
- Citation
- HKSAR v. FASTWIN GLOBAL INVESTMENT LTD
- Court
- Court of First Instance
- Case number
- HCMA255/2011
Section 40(1BA) of the Buildings Ordinance constitutes a continuing offence: the statutory provision for a daily penalty and the fact the offence can be terminated by subsequent compliance indicate continuity; s40(8) is permissive ('may be commenced') and does not defeat jurisdiction where the offence continues; therefore the magistrate was correct and the appeal is dismissed.