Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dangerous goods regulation
  • 11 Jun 2015

    香港特別行政區 訴 湯萬財

    Citation
    香港特別行政區 訴 湯萬財
    Court
    Court of First Instance
    Case number
    HCMA225/2014

    The conviction was upheld because expert analysis and sampling established the cylinders contained BTM classified as a Category 2 Class 2 liquefied/compressed gas; 43 cylinders far exceeded the statutory exemption; the appellant, who knew or had reasonable grounds to suspect an offence, failed to conduct required evidence‑gathering, instructed removal and misreported findings; those acts satisfied the elements of conduct tending and intended to pervert the course of justice and the prosecution proved actus reus and mens rea beyond reasonable doubt.

  • 1 Oct 1985

    THE QUEEN v. HELENA RESTAURANT (1981) LTD

    Citation
    THE QUEEN v. HELENA RESTAURANT (1981) LTD
    Court
    Court of First Instance
    Case number
    HCMA501/1985

    Regulation 66(1) applies to any person using a cylinder to contain liquefied gas, including consumers; the statute must be liberally construed for public safety and the presumption of mens rea is displaced so the offence is one of strict liability; the Magistrate erred in finding no case to answer and the matter is remitted for proceedings consistent with this interpretation.