11 Aug 2017
HKSAR v. PUN LIN FA
- Citation
- HKSAR v. PUN LIN FA
- Court
- Court of First Instance
- Case number
- HCMA585/2015
The court held (1) the respondent is entitled to challenge, by way of defence to a s104A prosecution, the constitutionality of s104A itself rather than being confined to challenging the Director's permission scheme; and (2) the Magistrate erred in determining the constitutional validity of s104A(1)(b) and (2) as a preliminary issue without evidence on the framework, criteria and operation of the permission scheme(s); accordingly the Magistrate's answer to Question (2) is set aside and the question is remitted to another magistrate for fresh consideration because admissible evidence is require…