Attorney General v Fang [2006] SBHC 138; HCSI-CC 210 of 2006 (6 September 2006)

HIGH COURT OF SOLOMON ISLANDS

Civil Case Number 210 of 2006

THE ATTORNEY GENERAL

V

JAMES FANG AND FANGS
COMPANY LIMITED

Hearing: 3rd August 2006
Judgement: 17th August 2006
Sentence: 6th September 2006

N. Moshinsky Q.C., and R. Ziza for the Applicant/Plaintiff
C. Ashley for the Respondents/Defendants

Sentence

You have been convicted of a civil contempt of the court orders which is punishable primarily by fine. You were aware of orders made by this court on 2nd June 2006 to refrain from certain activities but you continued in defiance of that order. At a later hearing before this court you requested variation of those orders; as well you gave undertaking to comply. Again you were disobedient and deliberately breached those orders, not once but twice.

You should know that for the court’s work to function properly and effectively, it is important that its orders are respected. If you were on the other side and had asked for certain restraining orders and granted them, you would also expect the other party to obey or comply with those orders, and where there was non-compliance, you would have expected the court to be able to enforce its orders. In civil contempts this is done by way of a monetary penalty.

An order of the court must always be respected and obeyed whether you agree with it or not. If you disagree, do not disobey, comply and then seek legal advice about how to go about having it discharged or varied.

In your mitigation I accept that you have been severely affected not only financially, but also emotionally and mentally through the loss of property during the riots which occurred on 18th April 2006. You have no previous criminal convictions. I understand as a result of the damage and destruction suffered it has left you in a very difficult position financially. I do bear in mind that your actions were committed out of desperation to try and not only address what has happened but to minimise losses as well.

I note you have other financial obligations not only to banking institutions and commercial entities within the country but overseas as well. On top of that you have other family financial obligations.

You must appreciate however that you were not the only one affected; there were other Chinese and business people affected as well but they have willingly complied with the requirements of the Honiara Town and Country Planning Board to address their rebuilding plans etc. They have been equally hard hit as well. I accept you are remorseful.

I will fine you a total of ten thousand dollars and order that you pay all the costs of the Honiara Town and Country Planning Board which they have incurred in having to take up this matter in court. The fine is payable in 7 days as you have requested.

Orders of the Court:

1. Impose a fine of ten thousand dollars payable in 7 days.
   
2. Order that all the costs incurred to date of the Honiara Town and Country Planning Board to be paid by the Respondent.
   

The Court.