Read the full judgment text of CACC 000331/1977 on BabelCite. This Court of Appeal judgment.
1. This appeal by way of case stated comes before the court upon the reference of a single judge. The Respondent was charged before a magistrate under by-laws 5(1) and 56(1) of the Hawker By-Laws. The learned magistrate held that, as the offence prima facie disclosed on the evidence of the prosecution was one under s.83B of the Public Health and Urban Services Ordinance, the charge was wrongly laid under the By-laws. The basis of this decision was that by-laws 5(1) and 56(1) were inconsistent wi