Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Traffic signs

  • 23 Mar 2016

    HKSAR v. HO LOY

    Citation
    HKSAR v. HO LOY
    Court
    Court of Final Appeal
    Case number
    FACC7/2015

    The court held that the meaning of a prescribed traffic sign is fixed by its content and explanatory note in Schedule 1 of the Regulations (and reflected in the Road Users Code), so the principle of legal certainty is satisfied; the offence under Regulations 50(2) and 61(2) is regulatory with mens rea displaced and subject only to the statutory defence of reasonable excuse; an honest but mistaken belief about a sign’s meaning does not constitute a reasonable excuse where the sign’s meaning is expressly stated in the Regulations and Code and where a person can readily ascertain that meaning; t…

  • 18 Aug 2015

    HKSAR v. HO LOY

    Citation
    HKSAR v. HO LOY
    Court
    Court of Final Appeal
    Case number
    FAMC27/2015

    Leave to appeal was granted because the questions identified concerning legal certainty and whether misunderstanding or ignorance can amount to a reasonable excuse under Regulation 61(2) raise matters of law that require appellate determination; the court did not decide the substantive issues on the merits.

  • 31 Aug 2007

    FAIRLAND OVERSEAS DEVELOPMENT v. SECRETARY FOR JUSTICE

    Citation
    FAIRLAND OVERSEAS DEVELOPMENT v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCA2154/2005

    The purported contract was unenforceable because it would have the effect of transferring and permanently constraining the Commissioner for Transport's statutory discretion to erect, revoke or alter traffic signs under the Road Traffic Ordinance and Regulations; such a contractual abdication of public powers is ultra vires and void, so plaintiff's contractual claims (including specific performance) must be dismissed.