12 Mar 1997
R. v. TSE HING SAN AND OTHERS
- Citation
- R. v. TSE HING SAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA1395/1996
A purposive construction applies: 'disembark' in the definition of 'land' encompasses leaving a ship onto substantial, secured structures in Hong Kong territorial waters (such as fish rafts). There was no real conflict between the English and Chinese texts; the legislative object of controlling unlawful entry requires that persons who entered and remained on such structures be liable under s.38(1)(b). The magistrate's construction was correct and the convictions are supported by the evidence.