HKSAR v. CHAN PUI SANG

HKSAR v. CHAN PUI SANG

Given the admitted facts, the magistrate's oral reasons were adequate in context and his written findings legitimately elaborated the reasoning; the magistrate correctly applied the law that a real likelihood of breach of the peace suffices for conviction even if no actual breach occurred, therefore the conviction was safe and the appeal was dismissed.

Citation
HKSAR v. CHAN PUI SANG
Parties
Respondent: HKSAR; Appellant/defendant: Chan Pui Sang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 May 2009
Case Number
HCMA205/2009
Procedural Posture
Magistracy Appeal (magistracy Appeal No.205 of 2009 on Appeal From KTCC 6585 of 2008) / Appeal Against Conviction
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Disorderly Conduct, Breach of the Peace, Upskirting/video Recording, Adequacy of Judicial Reasons, Appellate Review
Source Language
EN
Criminal Law Public Order Appeal Disorderly Conduct Breach of the Peace Upskirting/video Recording Adequacy of Judicial Reasons Appellate Review

Case Brief

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Parties

HKSAR

Respondent

Chan Pui Sang

Appellant/defendant

Procedural Posture

Magistracy Appeal (magistracy Appeal No.205 of 2009 on Appeal From KTCC 6585 of 2008) / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's conduct constituted disorderly conduct likely to cause a breach of the peace
  2. 2 Whether the magistrate's oral reasons were insufficient and amounted to impermissible post hoc reasoning
  3. 3 Whether absence of an actual breach of the peace precludes conviction for conduct likely to cause a breach

Ratio Decidendi

Given the admitted facts, the magistrate's oral reasons were adequate in context and his written findings legitimately elaborated the reasoning; the magistrate correctly applied the law that a real likelihood of breach of the peace suffices for conviction even if no actual breach occurred, therefore the conviction was safe and the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction of disorderly behaviour under s.17B(2) Public Order Ordinance affirmed