HKSAR v. CHOW NOK HANG AND ANOTHER

HKSAR v. CHOW NOK HANG AND ANOTHER

The court certified as points of law of great and general importance: the first two points raised by the applicants (that the preventing element relates to mens rea and that "preventing" does not require a complete stop) and the first three points raised by the respondent concerning the elements of s17B(2) including bilingual interpretation; the court held that in this case the applicants had dual purposes (demonstration and preventing transaction) and that "preventing" does not mean a complete stop.

Citation
HKSAR v. CHOW NOK HANG AND ANOTHER
Parties
Applicant: 1st applicant; Applicant: 2nd applicant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2012
Case Number
HCMA193/2012
Procedural Posture
Criminal Appeal (magistracy Appeal) / Application for Certificate Under Section 32(2) of Cap 484 Following Appeal Decision
Outcome
Court certified specified points of law as of great and general importance and declined certification on certain ancillary points
Legal Topics
Elements of Offence Under Section 17 B Public Order Ordinance, Mens Rea Vs Objective Effect, Meaning of "preventing" in Public Gathering Offences, Bilingual Interpretation and Statutory Construction, Certification Under Court of Final Appeal Ordinance
Source Language
EN
Criminal Law Public Order Law Procedural Law Elements of Offence Under Section 17 B Public Order Ordinance Mens Rea Vs Objective Effect Meaning of "preventing" in Public Gathering Offences Bilingual Interpretation and Statutory Construction Certification Under Court of Final Appeal Ordinance

Case Brief

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Parties

1st applicant

Applicant

2nd applicant

Applicant

Respondent

Respondent

Procedural Posture

Criminal Appeal (magistracy Appeal) / Application for Certificate Under Section 32(2) of Cap 484 Following Appeal Decision

Legal Issues

  1. 1 Whether the element of "for the purpose of preventing the transaction of the business" in s17B(1) is part of the mens rea or whether proof of effect is sufficient
  2. 2 Whether "preventing" requires a complete stop of the transaction of the business
  3. 3 Whether the slightest obstruction, hindrance or delay suffices to establish the offence under s17B(1)

Ratio Decidendi

The court certified as points of law of great and general importance: the first two points raised by the applicants (that the preventing element relates to mens rea and that "preventing" does not require a complete stop) and the first three points raised by the respondent concerning the elements of s17B(2) including bilingual interpretation; the court held that in this case the applicants had dual purposes (demonstration and preventing transaction) and that "preventing" does not mean a complete stop.

Court Disposition

Court certified specified points of law as of great and general importance and declined certification on certain ancillary points

Orders

  • Certified as points of law of great and general importance: applicants' points (1) and (2) concerning s17B(1) and respondent's points (1)-(3) concerning s17B(2) and bilingual interpretation
  • Declined to certify applicants' point (3) (whether slightest obstruction suffices) and respondent's point (4) (whether requirements were correctly applied to the facts)