Wednesday, May 12, 2021

Jiang Zixin (JD 2018) on "Explosive Substances” that cannot Explode? (HKLJ)

Explosive Substances” that cannot Explode?"
Jiang Zixin (JD 2018) 
Hong Kong Law Journal
2021, Vol. 51, Part 1 of 2021, pp. 15-22
Abstract: In HKSAR v Kwan Ka Hei, the Court of Final Appeal held that an “explosive substance” under s 55(1) of the Crimes Ordinance (Cap 200) (CO) includes “any substance used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect”, applying by analogy the definition under s 2 of the Dangerous Goods Ordinance (Cap 295). This note (1) criticises the court’s view that ss 52 and 54(b) of the CO support this interpretation and (2) argues that insufficient attention was paid to the interaction between the principle that statutes in pari materia should be read together and the principle against doubtful penalisation.

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