23 Jun 1998
HKSAR v. THE GARDEN CO., LTD.
- Citation
- HKSAR v. THE GARDEN CO., LTD.
- Court
- Court of First Instance
- Case number
- HCMA214/1998
The appeal was allowed and conviction quashed because the trial Magistrate accepted defence evidence but did not consider the statutory defence under s.53(3); given Smedleys and the statutory framework, that omission was a material irregularity requiring a retrial so that the trial court can apply the correct legal test to the defence evidence.