Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mens rea in regulatory offences
  • 23 Mar 2016

    HKSAR v. HO LOY

    Citation
    HKSAR v. HO LOY
    Court
    Court of Final Appeal
    Case number
    FACC7/2015

    The court held that the meaning of a prescribed traffic sign is fixed by its content and explanatory note in Schedule 1 of the Regulations (and reflected in the Road Users Code), so the principle of legal certainty is satisfied; the offence under Regulations 50(2) and 61(2) is regulatory with mens rea displaced and subject only to the statutory defence of reasonable excuse; an honest but mistaken belief about a sign’s meaning does not constitute a reasonable excuse where the sign’s meaning is expressly stated in the Regulations and Code and where a person can readily ascertain that meaning; t…