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Magistracy Appeal1984

THE QUEEN v. CHAU TONG

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36057-EN-1984-01-18

THE QUEEN v. CHAU TONG

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HCMA000001/1984

IN THE SUPREME COURT

1984, No. 1

BETWEEN

The Queen
and
CHAU Tong

________

 

Coram: Baber, J. in Court

Date: 18th January 1984

____________

JUDGMENT

____________

 

1. The Appellant was convicted after hearing of picking up in and setting down from his taxi passengers in a restricted zone namely Moreton Terrace in the Causeway Bay area at 8.57 p.m. on the evening of 3rd April 1983. He was fined $200 and ordered to pay $50 costs. It now transpires that, as he protested at that time, the restriction had not yet come into force though apparently warning signs had already been erected. The policeman who challenged the Appellant was clearly unaware of the situation. General Notice 1030 of 1983 published with Gazette 13 of 1983 by the Commissioner for Transport imposed the restriction from 10 a.m. on Friday 8th April 1983 "for a period of about 12 weeks" to facilitate the reconstruction of Moreton Terrace. It follows that the conviction must be quashed and the fine and costs paid back to the Appellant, and I so order.

(E.G. Baber)
Judge of the High Court

Representation:

Appellant in person.

Mr. J. O'Mahony for Crown.