16 Apr 2003
The Magistrate properly assessed credibility, accepted the police evidence that the 2nd Appellant was hawking and that both appellants resisted police; the evidence, including photographs and seized items, supported the convictions; there was no demonstrable error of law or fact to overturn the convictions, therefore the appeals were dismissed.
29 Mar 2001
The Court held that the Hawker Control Officer was entitled to arrest and prosecute; however, given the short period and limited degree of the appellant's involvement (a single sale lasting about one minute) and her mitigating personal circumstances, the appropriate disposition was to reduce the effective punishment by suspending the term of imprisonment: the previously imposed 3 months' imprisonment is altered to a 2 months' imprisonment suspended for 12 months.
26 Jan 1999
Leave to appeal was refused because the grounds were solely matters of fact and the Court of Final Appeal will not interfere with the Magistrate's findings of fact.
15 Dec 1989
The magistrate's finding that the sergeant's evidence did not assist the defendant was a credibility and factual determination made by the trial court; absent demonstrable error the appellate court will not interfere, therefore the appeal is dismissed.
21 May 1985
The convictions were quashed because the magistrate rejected the defence as inherently incredible without fully analysing alternative reasonable inferences from the evidence; on proper analysis the prosecution had not proved beyond reasonable doubt that the appellant was exposing the goods for sale; the confiscation order remained valid.
18 Mar 1978
The conviction was quashed because the factual findings did not establish the element of obstruction under section 4A; consequently the conviction was unsafe despite the appellant's guilty plea and the concomitant penalties (fine and confiscation) were ordered returned.
9 Dec 1977
A magistrate must ascertain the means of a defendant before imposing substantial fines and must observe statutory limits on imprisonment in default (Magistrates Ordinance s.68); where fines are imposed without such inquiry and the resulting imprisonment is manifestly excessive or beyond statutory limits, the appellate court will set the sentence aside — accordingly the appellant was absolutely discharged in this case.
12 Mar 1977
Statutory forfeiture under Cap. 132 is mandatory but applies only to goods actually used in committing the hawking offence; where it is unclear which seized items were exhibited for sale, the defendant receives the benefit of the doubt and only those items clearly used at the time are forfeited.
24 Aug 1976
Reg.34 permits forfeiture only of goods that are 'being hawked'; the wooden cart did not fall within that category and the magistrate had not been made aware of the significant value of the goods or the appellant's mitigating circumstances, therefore the forfeiture order was unjustified and must be quashed and the exhibits returned.
14 Jul 1975
The articles were not the appellant's, the owner held a hawker's licence and forfeiture would produce a disproportionate and unintended effect for a comparatively minor offence; accordingly the court exercised its power under s.86A(1)(b) to exempt the articles and quashed the forfeiture order.