Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of s.17b public order ordinance
  • 18 Nov 2013

    HKSAR v. CHOW NOK HANG

    Citation
    HKSAR v. CHOW NOK HANG
    Court
    Court of Final Appeal
    Case number
    FACC12/2012

    s.17B(1) requires a purpose to prevent the transaction of the gathering's business meaning a practical or substantial prevention or substantial impairment, not a momentary interruption; s.17B(2) requires that the disorderly behaviour be intended to provoke or objectively likely to cause others to commit a breach of the peace (violence or threatened violence by others). On the facts the prosecution failed to prove the requisite purpose under s.17B(1) or the requisite likelihood/intent under s.17B(2); accordingly convictions could not be sustained though appellants' actions were disorderly and…