30 Apr 2010
HKSAR v. HO YAU YIN
- Citation
- HKSAR v. HO YAU YIN
- Court
- Court of Final Appeal
- Case number
- FACC11/2009
Para (b) of the definition of 'indoor' in s.2 of the Smoking (Public Health) Ordinance means that at least 50% of the total area of all sides must be enclosed irrespective of how the enclosed area is distributed among the sides; the words 'up to' are surplusage and the exception for windows/doors deducts from the enclosed area; on the facts the certified legal question is decided for the prosecution but the Court exercised its discretion not to restore the respondent's conviction.