6 Jul 2020
香港特別行政區 訴 張錦輝
- Citation
- [2020] HKCFI 1303
- Court
- Court of First Instance
- Case number
- HCMA90/2019
The Court held that the prosecution proved all elements of the offences beyond reasonable doubt: the appellant's teacher registration had been validly cancelled (delegation evidenced and valid), he remained in school during the charged period without the required written permission, and s72(2)(a)(ii) and the approval mechanism are constitutional and proportionate to the legitimate aim of protecting pupils and school management. Collateral challenge to the administrative cancellation was not permissible in the criminal trial. Accordingly the convictions and sentence were upheld.