11 Sept 2020
HKSAR v. LEUNG CHUNG HANG SIXTUS
- Citation
- [2020] HKCFI 2401
- Court
- Court of First Instance
- Case number
- HCMA303/2018
The court held that the 'likely to cause any person reasonably to fear' limb of s18(1) POO is to be assessed objectively and the presumption of mens rea is displaced for that limb; conflicting authority exists (HKSAR v Leung Tin Kei) so the question is certified to the Court of Final Appeal; the proposed mistake of law defence is not reasonably arguable and a certificate on that issue is refused because the accused's belief as to lawfulness is irrelevant and the concept of a 'lawful breach of the peace' is incoherent in law.