14 Aug 2017
HKSAR v. LAW WING FAI
- Citation
- HKSAR v. LAW WING FAI
- Court
- Court of First Instance
- Case number
- HCMA476/2016
A clause excluding liability where the proportion of alcohol in a driver’s breath/blood/urine exceeds the prescribed limit is a restriction by reference to the driver’s physical condition and therefore, by operation of s.12(1)(a) MVIO, is of no effect as regards liabilities required to be covered; accordingly the policies remained compliant and the appellants’ convictions under s.4(1) MVIO were unsustainable and were set aside.