4 Apr 2023
香港特別行政區 訴 蕭志成
- Citation
- [2023] HKCFI 913
- Court
- Court of First Instance
- Case number
- HCMA304/2021
The appeal succeeds because, in light of the authoritative ruling in HKSAR v Chan Chun Kit which construes s.17 narrowly and requires the intent to correspond to one of the specified categories (injure, restrain, or illegal entry), the trial judge's finding that P14 was a tool 'fit for illegal use' and that the appellant intended to use it to injure or to destroy property was unsustainable on the evidence; moreover, to permit amendment of the charge on appeal would cause unfairness to the appellant. Accordingly the conviction and sentence must be quashed.