Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Definition of explosive substance

Legal area

Court

14 Nov 2019

HKSAR v. KWAN KA HEI

Citation

[2019] HKCFA 40
Court

Court of Final Appeal
Case number

FAMC44/2019

Leave to appeal was granted because the certified question—whether an 'explosive substance' under section 55 includes substances used or manufactured to produce a pyrotechnic effect—raised a pure point of statutory interpretation fit for final determination by the Court of Final Appeal.
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."