Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Definition of indoor

  • 30 Apr 2010

    HKSAR v. HO YAU YIN

    Citation
    HKSAR v. HO YAU YIN
    Court
    Court of Final Appeal
    Case number
    FACC11/2009

    Para (b) of the definition of 'indoor' in s.2 of the Smoking (Public Health) Ordinance means that at least 50% of the total area of all sides must be enclosed irrespective of how the enclosed area is distributed among the sides; the words 'up to' are surplusage and the exception for windows/doors deducts from the enclosed area; on the facts the certified legal question is decided for the prosecution but the Court exercised its discretion not to restore the respondent's conviction.

  • 4 Nov 2009

    HKSAR v. HO YAU YIN

    Citation
    HKSAR v. HO YAU YIN
    Court
    Court of First Instance
    Case number
    HCMA180/2009

    The court certified only the second question for the Court of Final Appeal because that question about the percentage enclosure required to constitute 'indoor' arises directly from the judgment and meets the threshold of general importance; the first question about the material of the enclosure was not certified because it did not directly arise from the judgment and the judge did not treat the material as determinative.