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CFA criticises wording of smoking law

mfile_56_664958_1Last updated: May 1, 2010

Source: Radio & Television Hong Kong

The Court of Final Appeal has criticised the wording of the law governing smoking, saying it is in places “puzzling”. However, the five judges did not call for the legislation to be changed. Rather, they clarified the meaning of the relevant provision.

The judges made the comments in their reasoning for making a judgement over-ruling a lower court decision that smoking inside a restaurant which is enclosed on three sides is not illegal.

The five judges considered the definition in the law that people cannot smoke inside an area which is at least up to 50 percent enclosed on each and every side. They ruled that in the light of context and purpose, there is no ambiguity in meaning – that for an area to be indoors, at least 50 percent of the total area of all sides must be enclosed – irrespective of how the enclosed area is distributed among the various sides.

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