28 Sept 2010
HKSAR v. YAM, WING SHUN
- Citation
- HKSAR v. YAM, WING SHUN
- Court
- Court of First Instance
- Case number
- HCMA389/2010
On the date the Appellant completed the driving improvement course he was entitled as a matter of statutory right to have 3 points deducted under s6A unless one of the statutory bars in s6A(2) or (3) applied; s6A(2) does not create a residual discretion to refuse deduction. The 3-point deduction must be treated as having occurred on completion and thus reduced the Appellant's points below the 15-point threshold, so the disqualification under s8 could not stand. Consequently the appeal succeeds and the disqualification is set aside.