HKSAR v. Ho Loy

FAMC No.27 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO.27 OF 2015 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO.280 OF 2014)

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BETWEEN

Appeal Committee: Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Tang PJ

Date of Hearing and Determination: 18 August 2015

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DETERMINATION
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Chief Justice Ma:

1.Leave to appeal is granted to the Applicant on the questions set out in paragraph 1(1) and 1(2) of the Amended Notice of Application for Leave to Appeal:-

“ In the context of the regulatory regime under the Road Traffic Ordinance Cap. 374 and its regulations governing road traffic offences and, in particular, in relation to the offence of failing to comply with a requirement indicated by a traffic sign contrary to Regulations 50(2) and 61(2) of the Road Traffic (Traffic Control) Regulations Cap. 374G ( “the Regulations”):-

(1) How does the principle of legal certainty operate and what is the extent of its requirements?

(2) Whether or not misunderstanding or ignorance of the legal requirement as indicated by a traffic sign - when such requirement is expressly set out in the Regulations and the Road Users’ Code - can give rise to a reasonable excuse under Regulation 61(2) of the Regulations?”

2.The appeal will be heard on 4 March 2016.

Mr William Tam SC, DDPP and Mr Ivan Cheung, PP, of the Department of Justice, for the Applicant  

Mr Nigel Kat SC and Mr Azan Marwah, instructed by Vidler & Co., assigned by the Director of Legal Aid, for the Respondent