Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Division of single criminal act
  • 22 Aug 2014

    律政司司長 訴 黃秋平

    Citation
    律政司司長 訴 黃秋平
    Court
    Court of First Instance
    Case number
    HCMA308/2014

    The magistrate erred in treating r.6(1D)(a) as a right and in artificially splitting the single act of exporting 3.6 kg into an exempt 1.8 kg export and a separate criminal act; r.6(1D)(a) is an exemption applicable only where the total quantity does not exceed 1.8 kg, so the respondent's conduct constituted an attempt to export 3.6 kg and is not partially exempt.