Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Re-testing

  • 11 Mar 2003

    NGUYEN THI KIM v. BRISFULL LTD

    Citation
    NGUYEN THI KIM v. BRISFULL LTD
    Court
    District Court
    Case number
    DCCJ8504/2001

    Defendant did not follow the contractual cure/notice procedure before taking back four blocks and its witnesses' assertions about insufficient workers were unsubstantiated; re-testing was integral to the water-testing contract; Defendant breached by failing to make periodic payments, entitling Plaintiff to cease work; on assessment Plaintiff had performed approximately 85% of the contract and was entitled to pro rata payment net of prior partial payment and with specific sums awarded.

  • 5 Nov 1985

    THE QUEEN v. CHAN CHIN KUI

    Citation
    THE QUEEN v. CHAN CHIN KUI
    Court
    Court of First Instance
    Case number
    HCMA959/1985

    Section 41(2) Cap.374 mandates a minimum 12-month disqualification for a third or subsequent speeding conviction and does not treat prior disqualifications as erasing earlier convictions; the three-year proviso applies only if three years have elapsed since the last previous conviction; section 70 requires re-testing for disqualifications of six months or more, leaving the court no discretion to avoid re-testing.

  • 5 Nov 1985

    THE QUEEN v. TSOONG LUNG PO

    Citation
    THE QUEEN v. TSOONG LUNG PO
    Court
    Court of First Instance
    Case number
    HCMA958/1985

    Section 41(2) of the Road Traffic Ordinance must be applied according to its plain wording: a third conviction for speeding attracts a mandatory disqualification of not less than 12 months and the prior disqualification does not wipe earlier convictions; the three-year proviso only applies where three years have elapsed since the last previous conviction, and re-testing is mandatory under s70 when disqualification is six months or more.