4 Dec 2012
HKSAR v. JOCKEY CLUB KAU SAI CHAU PUBLIC GOLF COURSE LTD
- Citation
- HKSAR v. JOCKEY CLUB KAU SAI CHAU PUBLIC GOLF COURSE LTD
- Court
- Court of First Instance
- Case number
- HCMA719/2011
The court affirmed the magistrate: the unnamed road was a "road" under Cap 272 because "public" includes any class and the public had access; the Burns test was correctly applied to hold the light utility vehicle a "motor vehicle"; accordingly the conviction and $6,000 fine were upheld; Questions 1,2,4 and 5 were certified as points of law of great and general importance for the Court of Final Appeal, while Question 3 was refused as misconceived because s119 does not create a presumption of fact.