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HKSAR v. Ho Yau Yin

Ho Yau Yin was holding a lighted cigarette on a restaurant premises when spotted by smoking inspectors.  Ho was convicted and fined by the trial court.  Ho appealed to the Court of Final Appeal, arguing that he was not smoking "indoors" because the part of the premise on which he was smoking was not enclosed enough to be considered "indoors. The Court found that, in order for a premise to be considered "indoors" under the law, the area must be enclosed at least 50% on each side and dismissed Ho's appeal.  However, the Court refused to restore the conviction due to the length of time that the appeal was pending and the lack of sufficient evidence against Ho.

 
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