香港特別行政區 訴 黃鳳景

香港特別行政區 訴 黃鳳景

The trial judge did not err in accepting prosecution identification and credibility findings; appellant's conduct intentionally delayed inspectors to permit others to leave and thus constituted obstruction of statutory inspection powers and concurrent assaults on officers; the facts justified immediate custodial...

Source-derived case information.

Citation
[2021] HKCFI 915
Parties
Respondent: 香港特別行政區; Appellant: 黃鳳景
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 April 2021
Case Number
HCMA198/2020
Procedural Posture
Criminal Appeal (conviction and Sentence) / Appeal to High Court (conviction and Sentencing)
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Obstruction of Public Officer, Assault, Identification Evidence, Sentencing Review, Inspection Powers Under Education Ordinance
Source Language
ch
Criminal Law Administrative Law Evidence Law Education Law Obstruction of Public Officer Assault Identification Evidence Sentencing Review +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

香港特別行政區

Respondent

黃鳳景

Appellant

Procedural Posture

Criminal Appeal (conviction and Sentence) / Appeal to High Court (conviction and Sentencing)

  1. 1 Whether the identification evidence was reliable
  2. 2 Whether appellant's conduct constituted obstruction of education inspectors under the Education Ordinance
  3. 3 Whether the trial judge erred in accepting prosecution witnesses' credibility

Ratio Decidendi

The trial judge did not err in accepting prosecution identification and credibility findings; appellant's conduct intentionally delayed inspectors to permit others to leave and thus constituted obstruction of statutory inspection powers and concurrent assaults on officers; the facts justified immediate custodial sentences (4 months for obstruction and two weeks for each assault, the two assault terms concurrent and consecutive to the main sentence); therefore convictions and sentences were upheld.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

  • Appeal against conviction dismissed
  • Sentence for count 1 (obstruction of education inspector) affirmed: 4 months imprisonment