HKSAR v. CHIU PUI LEUNG

HCMA364/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 364 OF 2007

(ON APPEAL FROM KCP 14245 OF 2006)

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JUDGMENT

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1. No summons was issued in this case.  The appellant was willing to pay the fixed penalty but was late, so he had to pay the additional penalty of $320.

2. There is no statutory provision for the payment of the $440 costs.

3. In the present case there was no justification to penalise the appellant $440 costs.  The conviction stands but I reduce the amount of the costs to $80.