Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory interpretation of s39b
  • 31 Jul 2013

    HKSAR v. WAI WING HONG

    Citation
    HKSAR v. WAI WING HONG
    Court
    Court of First Instance
    Case number
    HCMA763/2012

    Conviction affirmed because admitted facts and certificates established that the officers were trained screening breath test operators, no expertise beyond training was required to operate the devices, the Lion Alcolmeter result justified requiring a Drager Alcotest screening test under s39B(1)(a), and all six failed attempts were due to insufficient blowing under s39B(10); sentence was reduced because the lower court had not considered the discretion under s39B(8) to treat the prior conviction as spent, warranting reduction of the disqualification period from 5 to 2 years.