Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Secondhand smoke protection
  • 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.