THE QUEEN v. TOP DOG (HK) LTD.

HCMA001051/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1051 OF 1995

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BETWEEN
	THE QUEEN	Respondent
	AND
	TOP DOG (HK) LTD.	Appellant

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Coram : Hon. Duffy, J. in Court

Date of hearing : 13 December 1995

Date of handing down judgment : 19 December 1995

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J U D G M E N T

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1. This was an appeal against a fine of $8,400 which had been imposed for operating a food factory without a licence. The fine had been one of $1,500 plus a daily fine of $100 for 69 days during which the factory was operated.

2. The appellant also has an establishment in Lan Kwai Fong which apparently operates to the satisfaction of the Urban Services Department. Mr Scott Anderson, who appeared before me on the appeal on behalf of the Appellant, produced some documents which indicated that at least part of the blame for the continued operation of the premises without a licence lay at the feet of his surveyor. I therefore felt, in the circumstances, I could reduce the fine which I did by halving the daily fine of $100 to $50. The total fine was one now $4,950, and the appeal was allowed accordingly.

Representation:

Mr McMeans, S.C.C., for Crown

Mr Scott Anderson representing the Appellant, Top Dog (HK) Ltd.

	(J.M. Duffy)
	Judge of the High Court