06 June 2017

NPCSC Interpretation

Supposing a crime was committed on 1 Jan, and the case was brought to court on 1 April and in due course the CFA sought an interpretation of the relevant BL article on 1 June, and an Interpretation was given on 1 Sept.  If according to the authors there should not be any retrospective effect, it would imply that the Interpretation could not apply to this case which happened on 1 Jan.  If so, it would defeat the purpose of seeking the Interpretation.  In short, the Interpretation must have retrospective effect.

http://researchblog.law.hku.hk/2017/05/pj-yap-and-eric-chan-on-legislative.html?showComment=1496740691015&m=1#c3705000557792883040

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