10 Nov 2004
HKSAR v. YEUNG MAY WAN AND OTHERS
- Citation
- HKSAR v. YEUNG MAY WAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA949/2002
Convictions for obstruction under s4A and s4(28) were quashed because the magistrate failed to properly weigh and balance constitutionally protected rights to assemble and express against claimed obstruction, and disregarded material defence evidence (photographs/videos) which showed the occupation was small and not unreasonably obstructive; convictions for wilful obstruction and assault of police were upheld because the arresting officers had reasonable grounds and were acting in the due execution of their duty when obstructed/assaulted.