HKSAR v. LO TAK HING AND ANOTHER

HKSAR v. LO TAK HING AND ANOTHER

The Magistrate properly assessed credibility, accepted the police evidence that the 2nd Appellant was hawking and that both appellants resisted police; the evidence, including photographs and seized items, supported the convictions; there was no demonstrable error of law or fact to overturn the convictions, therefore the appeals were dismissed.

Citation
HKSAR v. LO TAK HING AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Lo Tak Hing; 2nd Appellant: Lo Tak Cheong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2003
Case Number
HCMA57/2003
Procedural Posture
Criminal Appeal (magistracy Appeal) / Judgment (court of First Instance)
Outcome
Appeals dismissed
Legal Topics
Resisting a Police Officer, Obstruction of a Public Place, Hawking Without a Licence, Summary Offences, Abuse of 999 System
Source Language
EN
Criminal Law Police Powers Public Order Administrative Law Resisting a Police Officer Obstruction of a Public Place Hawking Without a Licence Summary Offences +1 more

Case Brief

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Parties

HKSAR

Respondent

Lo Tak Hing

1st Appellant

Lo Tak Cheong

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 2nd Appellant was hawking to the public or merely delivering pre-ordered goods
  2. 2 Whether the appellants resisted police officers lawfully executing their duty
  3. 3 Whether the Magistrate erred in assessing credibility and admitting police evidence

Ratio Decidendi

The Magistrate properly assessed credibility, accepted the police evidence that the 2nd Appellant was hawking and that both appellants resisted police; the evidence, including photographs and seized items, supported the convictions; there was no demonstrable error of law or fact to overturn the convictions, therefore the appeals were dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Convictions upheld