6 Jun 1970
LAU PING v. THE QUEEN
- Citation
- LAU PING v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC120/1970
The Full Court allowed the appeal and set aside the detention order: Regulation 41B is ultra vires because it is contrary to natural justice in permitting mandatory detention of an owner's vehicle without provision for notice to and an opportunity for the owner to be heard, and insofar as the Fourth Schedule and Regulation 41B purported to mandate detention for driving offences they exceeded the scope of the enabling power in s.3(1)(1) (the phrase 'used in contravention' cannot be read so as to authorize mandatory, notice-free detention for all driving offences against the Ordinance).