13 Nov 2012
HKSAR v. WONG YUK MAN AND OTHERS
- Citation
- HKSAR v. WONG YUK MAN AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACC11/2011
By majority the court held that 'delivers any message for transmission' in s23 contemplates a two‑stage situation of handing or giving a message to another person or operator for onward transmission (as informed by the statutory definition of 'message' and the historical scheme), and does not properly describe the act of speaking into a microphone which effects direct transmission; therefore the appellants were not guilty of the class 3 offence and their convictions were quashed; the constitutional question need not be decided.