22 Mar 1995
THE QUEEN v. CHAN SUEN-HAY
- Citation
- THE QUEEN v. CHAN SUEN-HAY
- Court
- District Court
- Case number
- DCCC83/1994
A discretionary disqualification order under section 168E is a penalty within the meaning of Article 12(1) of the Bill of Rights because it is imposed following conviction, has punitive elements (discretion, impact beyond the conviction, imprisonment for breach), and therefore section 168T's provision allowing retrospective disqualification for offences committed before s168E came into force conflicts with Article 12(1) and cannot be applied; the court has no power to make such retrospective orders under s168T.